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NOTES ON THE CONSTITUTION 
R. C. A. 



D. D. DEMAREST 




»1 

J 



NOTES ON THE CONSTITUTION 



— OF THE — 



REFORMED (DUTCH) CHURCH 



IN AMERICA. 



PRINTED FOR THE USE OF THE STUDENTS OF THE 
THEOLOGICAL SEMINARY OF THE REFORMED 
(DUTCH) CHURCH IN AMERICA. 



— AT — 



NEW BRUNSWICK, N. J. 




REV. DAVID D. DEMAREST, D.D., LL.D. 

Professor of Pastoral Theology and Sacred Rhetoric. 



J. HEIDINGSFELD'S PRESS, NEW BRUNSWICK, N. J 




COPYRIGHT 
BY D. D. DEMAREST 



Notes on the Constitution of the 
Reformed Church in America. 



PRELIMINARIES. 

I. The Authority of Holy Scripture. 

This is acknowledged to be supreme in the domains 
of church order and worship as well as of doctrine. 

Our position is well stated in the Confession of Faith, 
Article VII. 

' ' We believe that these Holy Scriptures fully contain 
the will of God, and that whatsoever man ought to be- 
lieve unto salvation is sufficiently taught therein. For 
since the whole manner of worship which God requires 
of us is written in them at large, it is unlawful for 
any one, though an apostle, to teach otherwise than we 
are now taught in the Holy Scriptures : Nay, though it 
were an angel from heaven, as the apostle Paul saith. 
For, since it is forbidden, to add unto or take away any- 
thing from the word of, God, it doth thereby evidently 
appear, that the doctrine thereof is most perfect and 
complete in all respects. Neither may we compare any 



4 



NOTES OX THE 



writings of men. though ever so holy, with those divine 
Scriptures, nor ought we to compare custom, or the great 
multitude, or antiquity, or succession of times or per- 
sons, or councils, decrees or statutes, with the truth of 
God. for the truth is above all: for all men are of them- 
selves liars, and more vain than vanity itself. There- 
fore, we reject with all our hearts, whatsoever doth not 
agree with this infallible rule, which the apostles have 
taught us. saying. Try the spirits whether they are of 
God: likewise, if there come any unto you. and bring 
not this doctrine, receive him not into your house." 

II. Confessions. Creeds. Constitutions. 

These are the work of man and have their uses and 
abuses. 

1. It is claimed that these ought to be in accordance 
with the word of God. and that they must always be 
tested by that word. 

2. They vary because of various interpretations of the 
word, and also because of unscriptural additions some- 
times made by ecclesiastical authority, as in case of the 
Tridentine decrees. Hence some creeds affirm what 
others deny. 

3. All men of religious convictions have them, even 
those who denounce them. They may be unwritten and 
subscription not be required, yet they necessarily exist. 
Every man who believes anything has a creed. 

4. Beliefs agreed on by a number of Christians con- 
stitute their common creed, which is useful as a bond of 



CONSTITUTION. 



5 



visible fellowship, as promotive of mutual edification, 
and as a basis of cooperative action in advancing the 
Kingdom of God. 

5. Our Reformed Church holds that her creeds, con- 
fessions and constitutions are human productions, 
presenting what are believed to be the teachings of 
Scripture in systematic forms and connections, to be 
imposed on no one, but to be voluntarily and intelli- 
gently received by those who are thus able to receive 
them ; to be held in subordination to the word of God, 
and liable to be tried by the law and testimony as the 
only authoritative and infallible standard. 

They are abused when they are exalted to authority 
coordinate with the word of God, and when they are 
imposed on the consciences of men. 

This position is clearly defined in the Confession of 
Faith, Art. XXXII. : 

" In the- mean time we believe, though it is useful and 
beneficial, that those who are rulers of the Church, in- 
stitute and establish certain ordinances among them- 
selves for maintaining the body of the Church ; yet they 
ought studiously to take care, that they do not depart 
from those things which Christ, our only master, hath 
instituted. And therefore, we reject all human inven- 
tions, and all laws which man would introduce into the 
worship of God, thereby to bind and compel the con- 
science, in any manner whatever. Therefore we admit 
only of that, which tends to nourish and preserve con- 
cord and unity, and to keep all men in obedience to 
God. For this purpose, excommunication or church 



6 



NOTES ON THE 



discipline is requisite, with the several circumstances 
belonging to it, according to the word of God." 

III. New Testament Teachings. 

We have in the New Testament the doctrines of 
Christianity and the general principles of worship and of 
church order, but we do not have a system of theology, 
nor a ritual prescribing ceremonies, nor an ecclesiastical 
constitution containing rules of government in detail. 

We have the general laws that all things be done to 
edification, and that all things be done decently and in 
order. (1 Cor. xiv. 26:40.) 

This implies the right of a Christian community to 
adopt a system of doctiine that it deems to be scriptural, 
such modes and forms of worship as shall be for edifica- 
tion, and such rules of government and order as shall 
be promotive of the peace, prosperity and efficiency of 
Christians formed into a visible, organized society; it 
being always understood that what God has commanded 
is not to be set aside, and that what He has forbidden 
is not to be approved or sanctioned. Within these limits 
there is liberty. 

This view is well expressed in the Westminster Con- 
fession, Ch. I. Sec. 6, which says " that there are some 
circumstances concerning the worship of God and gov- 
ernment of the church, common to human actions and 
societies, which are to be ordered by the light of nature 
and Christian prudence, according to the general rules 
of the Word, which are always to be observed." 



CONSTITUTION. 



r 



Prof. Archibald A. Hodge in commenting on this 
section says : ' ' The} 7 [the Scriptures] do not descend in 
practical matters into details, but laying down general 
principles, leave men to apply them, in the exercise of 
their natural judgment, in the light of experience and 
in adaptation to changing circumstances, as they are 
guided by the sanctifying influences of the Holy Spirit."* 

No less explicit is Article 20 of the Protestant Epis- 
copal Church, which says : 

"The Church hath power to decree rites or cere- 
monies and authority in coutroversies of faith; and yet 
it is not lawful for the church to ordain an} 7 thing that is 
contrarj 7 to God's word written." 

IV. The Idea of the Church. 

1. The Holy Catholic or Universal Church. 

In the Apostles' Creed we confess our belief in ' 6 The 
Holy Catholic Church." 

This church is invisible; that is, not known to the 
world as a visible organization with laws, officers, cere- 
monies, etc. Its members are infallibly known only to 
the Searcher of hearts. 

It is described in the Heidelberg Catechism in answer 
to Question 54. 

" Ques. What believest thou concerning the l Holy 
Catholic Church ' of Christ ? 

" Ans. That the Son of God from the beginning to the 



* Commentary on the Confession of Faith, page 62. 



s 



NOTES ON THE 



end of the world, gathers, defends, and preserves to 
himself by his Spirit and word, out of the whole human 
race, a Church chosen to everlasting life, agreeing in 
true faith; and that I am and for ever shall remain, a 
living member thereof." 

Also in the Confession of Faith, Art. 27 : 

"We believe and confess one catholic or universal 
Church, which is an holy congregation of true Christian 
believers, all expecting their salvation in Jesus Christ, 
being washed by his blood, sanctified and sealed by the 
Holy Ghost. This Church hath been from the begin- 
ing of the world, and will be to the end thereof ; which 
is evident from this, that Christ is an eternal King, 
winch, without subjects, cannot be. And this holy 
Church is preserved or supported by God against the 
rage of the whole world ; though she sometimes (for a 
while) appear very small, and in the eyes of men, to be 
reduced to nothing: as during the perilous reign of 
Ahab, the Lord reserved unto him seven thousand men, 
who had not bowed their knees to Baal. Furthermore, 
this holy Church is not confined, bound, or limited to a 
certain place or to certain persons, but is spread and 
dispersed over the whole world; and yet is joined and 
united with heart and will, by the power of faith, in one 
and the same spirit." 

In agreement with this is the language of the West- 
minster Confession, Chap. XXV., Sec. 1: 

" The Catholic or Universal Church which is invis- 
ible, consists of the whole number of the elect that have 
been, are, or shall be gathered into one under Christ the 



CONSTITUTION. 



9 



Head thereof ; and is the spouse, the bod}', the fulness 
of Him that filleth all in all." 

These members of the body of Christ, adults and 
infants, are the kletoi or eklectoi of scripture, and consti- 
tute the Church or Ecclesia of Scripture. 

To this collective bod} 7 of all who are joined to Christ 
and only to them are the promises of the Gospel made. 
(1 Tim. iii. 15; Eph. i. 22:23; Rev. xxi. 2:9; Mat. 
xvi. 18.) 

2. The Catholic Church visible. 

The members of the Holy Catholic Church cannot but 
manifest themselves to the world, as loyal subjects of 
Christ, witnesses for him and followers after holiness. 
They are the light of the world, the salt of the earth, 
the city set upon a hill that cannot be hid. (Mat. v. 11.) 
Associated with these as members of the visible Catho- 
lic Church are hypocrites and self deceivers. The tares 
grow together with the wheat. 

This church is described in the Westminster Confes- 
sion Ch. XXV. Sec. 2 and 3. 

"The visible church which is also Catholic or 
Universal under the gospel, not confined to one nation 
as before under the law, consists of all those throughout 
the world that profess the true religion, together with 
their children ; and is the Kingdom of the Lord Jesus 
Christ, the house and family of God, out of which there 
is no ordinary possibility of salvation." 

" Unto this Catholic visible church, Christ hath given 
the ministry, oracles and ordinances of God, for the 



10 



NOTES ON THE 



gathering and perfecting of the saints in this life to the 
end of the world ; and doth by His own presence and 
spirit, according to His promise make them effectual 
thereunto." 

Our Confession of Faith says in Article XXIX. : 

' ' The marks by which the true Church is known are 
these : if the pure doctrine of the Gospel is preached 
therein; if she maintains the pure administration of 
the scraments as instituted by Christ ; if church disci- 
pline is exercised in punishing of sin; in short, if all 
things are managed according to the pure word of God, 
all things contrary thereto rejected ; and Jesus Christ 

acknowledged as the only Head of the church 

As for the false church, she ascribes more power and 
authority to herself and her ordinances, than to the 
word of God, and will not submit herself to the yoke 
of Christ. Neither does she administer the sacraments, 
as appointed by Christ in his word, but adds to and 
takes from them, as she thinks proper; she relieth 
more upon men than upon Christ ; and persecutes those, 
who live holity according to the word of God, and re- 
buke her for her errors, covetousness and idolatry. 
These two churches are easily known and distinguished 
from each other." 

In Article XIX. of the Articles of religion of the Pro- 
testant Episcopal Church we read : 

"The visible Church of Christ is a congregation of 
faithful men, in the which the pure word of God is 
preached and the sacraments be duly ministered ac- 



CONSTITUTION. 



1 1 



cording to Christ's ordinance in all those things that of 
necessity are requisite to the same." 

While the invisible and visible churches might in 
these statements have been more sharply distinguished, 
yet certainly it is not declared in them that all profess- 
ing Christians in the world are to be embraced in one 
visible organization. The Roman Catholics say that 
there is no church invisible, that visibility in the form 
of outward organization is essential to the being of the 
"Holy Catholic Church"; that the church must have 
unity, that this unity is found only in the headship of 
the Pope who is Christ's vice-gerent on earth, and that 
therefore if anyone is saved, who is not in communion 
with Rome, he is saved, not as a member of Christ's 
church, but by an act of special grace. 

More reasonable and more scriptural is the view that 
the Catholic church visible has no external, all compre- 
hensive organization, that its members are found in all 
ecclesiastical organizations, that not a few are found 
outside of them all, that the church visible is not an 
aggregate of all the ecclesiastical organizations in the 
world, but the aggregate of all nominal individual 
Christians irrespective of church connections. It is the 
universal Christian community to which the name ec- 
clesia, or church has been given, though not by the 
New Testament. Much misconception and misunder- 
standing would have been avoided, if some other term 
could have been found to designate this universal Chris- 
tian community. 



12 



NOTES ON THE 



III. Local Christian Societies. 

True believers are not only members of Christ but of 
one another. There is a communion of saints. They are 
of one spirit. Hence they are drawn to each other and 
there is a strong tendency to come together to pray to, 
and praise their common Lord and to edify one an- 
other. Assemblies convened for such purposes were 
called churches, ecclesice. 

We read of the church in the house of Nymphas, 
(Col. iv. 15), of the church in the house of Aquila and 
Priscilla (1 Cor. xvi. 19), in the house of Philemon (v. 2). 
Also of the seven churches in Asia, the churches in 
Judea and Samaria, the church of the Thessalonians. 
Informal gatherings of Christians for worship may in 
the first days after Pentecost have been called churches ; 
nevertheless organizations were soon effected. Paul and 
Barnabas in their missionary journey ordained elders in 
every church. (Acts xiv. 23.) 

This was a matter of necessity. Religious societies 
cannot, any more than other societies, exist without 
government, involving laws and officers to administer 
them. Naturally, the first Christians adopted the con- 
stitution found ready to their hand in the Jewish syna- 
gogue, which was ruled by elders. 

We do not, however, consider the organization of 
groups of disciples to have been a matter of expediency 
only, or as coming in the way of natural development. 
It had a divine origin. It is true that Christ did not 
organize his followers in this manner when he was on 



CONSTITUTION. 



13 



the earth, nor did he give special directions about it. 
But he has in the epistles through his inspired apostles 
taught us that there must be order and law in the 
churches, officers to rule, and power even to exclude 
unworthy members from membership. (1 Cor. v. 5:13.) 

IV. Denominations. 

As Christian fellowship extends beyond the bounds of 
the local church, so also does church fellowship. Many 
individual churches associate together and so form what 
is called a denomination of Christians. These are very 
numerous, differing in many ways, in their views of Chris- 
tian truth, in modes of worship, in forms of government, 
and in customs and usages. To a denomination of 
affiliated churches a constitution is a necessity, especially 
if there be a supreme body and subordinate bodies and 
graded courts of appeal. In order to work together 
there must be one constitution accepted and submitted 
to by all. 

It would have been well if these denominations had 
always been called by that name and never been known 
as churches. It would be correct and every way better 
to say the Roman Catholic denomination, the Greek, 
the Episcopal, the Presbyterian, the Baptist, the Metho- 
dist, etc., denominations. 

V. Definition of a Constitution. 

We now understand that an ecclesiastical constitu- 
tion consists of such rules and regulations as have been 



L4 



NOTES ON THE 



by an individual church or a denomination adopted 
after due deliberation, for the most efficient application 
of the great principles of order found in the word of 
God, for the promotion of the edification of believers, 
for the work of maintaining, defending and propagating 
the Gospel, for training disciples for Christ, for the 
watch and care and salutary discipline of members, and 
for attaining all the ends of a visible society organized 
in the interest of the Kingdom of God. It is enough if 
these rules and regulations be in accordance with, or at 
least, not opposed to Holy Scripture in its letter or 
spirit. 

The term Constitution is among us used in a large and 
also in a restricted sense. 

The large sense is expressed in the preface to the 
Constitution of 1793, as follows: 

' ' To the Constitution of a church appertain its Doc- 
trines, mode of Worship and Government. When these 
are known, its true and distinguishing character is suffi- 
ciently ascertained." 

In the restricted sense the term constitution is con- 
fined to the Rules of Government. It is with the con- 
stitution in this restricted sense that we are occupied in 
this study. 

VI. Loyalty to the Constitution. 

1. The obligation to do whatever is required by the 
word of God and to leave undone every thing that is 
forbidden will not be disputed by any one who admits 
that the authority of Holy Scripture is supreme. 



CONSTITUTION. 



15 



2. Many, however, will plead that the ease is differ- 
ent when you speak of the obligation to a loyal obser- 
vance of constitutional requirements. For a constitu- 
tion, say they, is a human work and imperfect, no mat- 
ter how excellent, and some provisions are not wise, nor 
expedient, nor for edification. 

One man approves of a provision which another dis- 
approves. A man also may change his opinions and 
believe that what was once in his view a wise and 
good provision has outlived its usefulness. Why then 
should not a man, and especially, a minister of a congre- 
gation make practical amendments to suit himself and 
his people ? Why should he not omit some requirement, 
if he feels satisfied that he can do better for his people 
by such omission ? Is the constitution a peculiarly 
sacred thing ? Is it not intended to promote edification, 
and why should it not be made to yield in the interest 
of edification ? Why should loyalty to it be accounted 
a very serious matter, or one be brought to account for 
disloyalty ? Is it not enough for a man to say, ' ' Since 
I do not find this or that constitutional requirement 
divinely ordered nor approved by my judgment, I will 
not respect it, but will do that which is right in my own 
eyes, holding myself accountable to God only." 

It will readily be seen that if such a position be al- 
lowed, a constitution becomes utterly valueless. Every 
provision in it can be set aside. The objection that 
some things are not found in Scripture is not to the 
point ; for it is not the province of a constitution to re- 
affirm enactments of Scripture. It is occupied with mat- 



16 



NOTES ON THE 



ters that are confessedly extra-scriptural, indifferent 
and intended to secure good order and edification, and 
which are judged to be wise by the collective wisdom of 
the denomination. While no man can be required to 
approve anything that does not commend itself to his 
judgment, he can yet in practice yield his private judg- 
ment in such case, and it is by no means to his credit to 
refuse to do this. The surrender of private judgment 
as to actions, but not as to opinions, is essential to the 
practical usefulness of a constitution. 

3. It may be objected that there is an infringement 
of liberty in our position. This is not the case. The 
constitution is a contract to which no man is compelled 
to become a party. In that matter he has perfect 
liberty. But having become party to the contract, he 
has no right or liberty to treat it as a thing of nought, 
by neglect of its requirements. He is no longer free, 
because he is bound by his own voluntary act. This 
makes a violation of the constitution a serious matter. 
It is a breach of faith with our neighbor; it is a trans- 
gression of a plain command of God's word, " Lie not 
one to another." 

We are accustomed to the doctrine that regard for 
state and national constitutions, and for legislative acts 
is a religious duty; shall we not then claim the same 
for the ecclesiastical laws to which we have expressly 
pledged our submission ? Is it not a violation of regli- 
gious obligation even when some provision of not much 
importance in itself is ignored ? 

According to the Compendium every one who makes 



CONSTITUTION. 



17 



confession of his faith is to be asked whether he will 
submit himself to the Christian discipline, which means 
to the government of the church as defined in its rules. 
Every minister on accepting a call, promises to remain, 
as well as the congregation, subordinate to what are 
called ' ' the excellent rules and Constitution of our Re- 
formed (Dutch) Church." 

The same thing is true of the various ecclesiastical 
bodies, the Consistory, the Classis, the Particular Synod 
and the General Synod. They all are constitutional 
bodies, having their rights, duties and prerogatives 
defined by the constitution, and all are bound by it as 
fully as the humblest church member. The General 
Synod has only the powers given to it by the constitu- 
tion. 

VII. Familiarity with the Constitution. 

1. Such familiarity is important and desirable, 

a. For all members of the church, for all have their 
rights and duties under it. It is their defense and shield 
against unjust and tyrannical treatment by ecclesiastical 
authorities, or by fellow members. 

b. Especially for all male members, for they are liable 
at some time to be called to hold office, and to rule 
under and in accordance with the constitution and they 
should therefore be familiar with it. Those who are in 
authority in civil affairs are presumed to understand 
the laws which they are called to administer. It is 
reckoned a shame to them if they are found to be ignor- 

[2] 



18 



NOTES ON THE 



ant of them, and much more if they glory in their ignor- 
ance. Is not the same true in ecclesiastical affairs ? 

Minister, elders and deacons, all belong to the consis- 
tory, the prerogatives of which body are denned by the 
constitution. 

A minister always, an elder sometimes, is a member 
of the Classis whose prerogatives also are defined by the 
constitution. The same is also true of the Particular 
and the General Synods. It follows that every minister 
and every elder should be familiar with the document 
that he is required to apply, and in accordance with 
which he is to give judgment in cases and matters more 
or less serious. 

c. This should be made a matter of conscience. It is 
true that some members of our ecclesiastical bodies 
avow that they have no taste for the study of rules and 
methods, and without shame avow contempt for them. 
Yet they vote, and that on important questions, the 
merits of which depend solely on constitutional inter- 
pretation. Men who are above such trifles as ecclesias- 
tical laws, and who are wholly occupied with weightier 
things should modestly take back seats, and be silent 
when the question is about the application of such 
laws. Most of the questions debated in ecclesiastical 
assemblies are of that character. It is impertinent for 
a man to say impliedly, My judgment is thus or so; if 
the constitution of which I confess ignorance agrees 
with this, very well ; if not, so much the worse for the 
constitution. 

2. The knowledge that is so desirable is very practi- 



CONSTITUTION. 



19 



cable. It is easily obtained. The rules of government 
are contained in a very small book, which is easily pro- 
cured, and its arrangement and style are clear. Every 
pastor should see to it that there is a copy in the hands of 
every elder and deacon in his consistory and that the book 
is extensively circulated in his congregation. Why might 
not a meeting of consistory be occasionally held ex- 
clusively for its study ? Why might not the pastor 
expound it in his Bible class or at the weekly meetings 
of members or at other times ? The existing deplorable 
ignorance ought to be removed. 

VIII. Interpretation of the Constitution. 

1. Have we in any officer or court an authorized inter- 
preter to which we may refer a doubtful point and get 
an explanation that shall settle it without appeal? Or 
is every one obliged to interpret for himself, exercising 
the right of private judgment, just as he does in the 
study of the word of God ? When one would satisfy 
himself about the meaning of a passage in the word of 
God, he does not go directly to some scholar, divine, or 
church court, and accept unquestioningly what he is 
told; that is, he ought not to do so. Popes, Fathers, 
Councils, Synods cannot interpret scri£)ture authorita- 
tively for him, but he must get all the light he can and 
pray for light from God, and so decide. So in regard to 
a doubtful constitutional question ; he must get all the 
light on it that he can and then accept the responsibilty 
of determining and acting for himself. Why not? 



20 



NOTES ON THE 



May he not be able to understand the constitution 
itself quite as easily as an offered interpretation ? 

But it may be claimed that the General Synod, which 
is the highest of our judicatures, and which represents 
the whole church, must be such an authoritative inter- 
preter of the rules of government. We say No — the 
General Synod is the creature of the constitution, and 
has no powers but those given to it by this instrument, 
and we do not find this authority of interpretation 
among them. The Synod is not a standing tribunal to 
which constitutional provisions may be referred ab- 
stractly, or in tliesi for authoritative explanation. 

Yet it is a court of final appeal, and in the review of 
cases that come before it regularly, it is often obliged to 
interpret constitutional questions as they pertain to the 
cases under review. The decisions in such cases are 
valid and final; no appeal can be taken from them, and 
they have such authority as may be claimed for prece- 
dents. The functions of the General Synod are in this 
respect analogous to those of the Supreme Court of the 
United States, which never gives a decision on any con- 
stitutional question in thesi, but only as it is connected 
with some case before it. It would never listen to a 
petition for an interpretation without a case, no matter 
from what source it should come. 

Suppose that a minister has done some act which 
some of his brethren deem to be unconstitutional. Is it 
competent for the classis to sa} 7 , We will not take up 
and decide this case, but will petition the General Synod 
to interpret for us the article in dispute, and so the 



CONSTITUTION. 



matter will be determined and we be at the same 
time relieved from vexatious proceedings. The Synod 
cannot comply with such request. The classis must 
accept its own responsibility as an interpreter of the 
constitution in the case and for the time. If the brother 
be justified in his course, the matter ends there, unless 
a dissenting minority complain and carry the matter up 
to the synods. Or his course may be disapproved and 
he be censured. It is then his right to carry up his case 
by appeal until it reaches the General Synod, when 
the judgment of that body will be given, necessarily 
embracing its view of the provision of the constitution 
that is in question. 

The view of some that the General Synod has very 
large independent powers, and is well nigh omnipotent 
in church affairs, is unwarranted and full of danger. 
Jealously guard the rights of the lower bodies and of 
the membership of the churches. The General Synod 
is not supreme ; it is not the fountain of church power. 
It has not the functions of the consistory or the classis. 
It cannot originate a case of discipline except of a pro- 
fessor of theology, who is made directly amenable to 
the synod by the constitution. A classis once asked the 
synod to interpret for it the section of the constitution 
that requires the pulpit explanation of the Heidelberg- 
Catechism. The General Synod inadvertently, doubt- 
less, complied and the result was an interpretation less 
clear and simple, less broad and liberal, and less care- 
ful of the individual liberty of the pastor than the con- 
stitution itself. The synod should have dismissed the 



22 



XOTES ON THE 



overture on the ground that it was not within its pro- 
vince to give an interpretation. 

2. What are some principles of interpretation ? 

a. Do not try to make a section conform to precon- 
ceived notions or prejudices, and do not give undue 
weight to your own opinion about the wisdom, reasona- 
bleness or expediency of the section under considera- 
tion. The object is not to declare what ought to be and 
therefore must be the meaning, but to ascertain what it 
is, what was intended by the framers and adopters, 
whether it be wise or unwise. 

b. A candid study of words and the construction of 
sentences should be made. 

c. The context should be studied, and a section be 
interpreted by the light of what precedes and what fol- 
lows. 

d. A section should be compared with other parts of 
the constitution that relate to the same subject. 

e. Positive directions always imply the prohibition of 
the opposite. 

/. Reserved powers pertain only to things not treated 
of at all in the constitution. 

g. Great weight is to be given to historical testimony 
bearing on the interpretation which was given and has 
been followed from the beginning on. We do not seek 
to learn what meaning may be obtained from the lan- 
guage, but what has the church always believed to be 
the meaning. 

Hence in the case of the Riddsdale judgment, 1877, 
in England, the principle was thus stated: "Where the 



CONSTITUTION. 



meaning of a statute is doubtful, the construction put 
upon it by contemporaneous and long-continued usage 
ought not to be disturbed."* 

Justice Story in his commentary on the constitution 
of the United States, in the chapter on the rules of in- 
terpretation, and quoting as authority ' ' Rutherf orth's 
Institutes of National Law," says: " Light may also be 
obtained in such cases from contemporary facts or ex- 
positions, from antecedent mischiefs, from known 
habits, manners and institutions, and from other sources 
almost innumerable, which may justly affect the judg- 
ment in drawing a fit conclusion in the particular case." 
" Much also may be gathered from contempor- 
ary history and contemporary interpretation, to aid us 
in just conclusions." 

In a footnote he says : ' ' The value of contemporary 
interpretation is much insisted on by the Supreme 
Court." 

Interpreters of the constitution of the United States 
have a great advantage in the possession of the publish- 
ed debates in the convention that framed the constitu- 
tion. These can always be referred to whenever there 
is a controverted point, of construction of the instru- 
ment. 

It is to be regretted that no record has come down to 
us of the debates held in connection with the formation 
of our ecclesiastical constitution. 

* London Quarterly, July, 1877. 



24 



NOTES ON THE 



IX. History of the Constitution. 

Our ecclesiastical constitution is a growth of centuries 
dating from the times of the Reformation. The evan- 
gelical doctrines were received in the Netherlands very 
early and with enthusiasm. On account of their dread- 
ful persecutions under the Spanish tyranny, the people 
were obliged to worship secretly. Yearning for Chris- 
tian fellowship they organized themselves into local, in- 
dependent churches after the Genevan Presbyterian 
model, which were called ' ' Churches sitting under the 
Cross." The union of these in one general organization 
was, at the time, impossible. At last the people took 
courage and on the third of November, 1568, a synod 
was convened at Wesel on the Rhine which was outside 
of the Netherlands, but notable as a city of refuge to 
which the persecuted from all parts were made welcome. 
About twenty churches were represented in this synod 
and fifty-three persons signed the proceedings, the 
name of Petrus Dathenus heading the list, presumably as 
president. In this synod, the Dutch of the Seven 
Provinces and the Walloons of Southern Netherlands or 
Belgium, who used the French language, came together. 
They agreed on rules of church government and order 
which form the germ of onr present constitution. The 
acts of this synod were avowedly provisional, and to be 
reviewed by subsequent synods. 

The next synod was held in Embden, a city of East 
Friesland, also outside of the Netherlands, but in which 
there was a large church of Dutch refugees. This synod 



CONSTITUTION. 



25 



revised and made additions to the Acts of the Synod of 
Wesel. Revisions were subsequently made by synods 
held at Dordrecht in 1574 and 1578, at Middleburg in 
1581, at the Hague in 1586, and finally by the National 
Synod of Dordrecht in 1619.* 

The Synod of Dordrecht was called for the purpose of 
examining the doctrines of the Remonstrants and it was 
an ecumenical council of the Reformed churches, for 
man} 7 delegates fiom the other countries of Europe were 
present and took part in the proceedings. After the 
foreign delegates had retired, those from the churches 
of the Netherlands remained to consider the affairs of 
these churches. They occupied themselves main]} 7 with 
a revision of the Rules of Church Government, of the 
Confession of Faith, the Catechism and the Liturgy. 
Their proceedings are known as the Post- Acta of the 
Synod of Dort, 

The colonization of New Netherlancl was made about 
this time and the colonists brought with them the 
" Rules of Government " of the Synod of Dort, The 
churches that were established in this country, being 
under the care of the Classis of Amsterdam, were 
governed by these rules exclusively for a period of 164 
years, down to 1792. 

In 1771 the controversy between the progressive and 
conservative parties known as the Ccetus and Conferen- 
ce, which had greatly disturbed the churches, was hap- 
pily settled. In a general convention held in New York 



* Hansen's Reformed Church in the Netherlands. 
Rutgers Acta Nederlandische Synoden. 



26 



NOTES ON THE 



in the month of October a "Plan of Union" was 
adopted, which was approved by the ecclesiastical 
authorities in the Netherlands, whereby the independ- 
ence of the churches in America was substantially 
secured. In the Articles of Union the members of the 
convention declared their ' ' firm adherence to the 
ecclesiastical ordinances aforesaid, etc." For twenty 
years longer the rules of the Synod of Dort continued 
to be the rules of government of our American churches. 

Toward the close of the century the English language 
was making such inroads on the Dutch that in 1788 it 
was resolved by the Synod that the standards of doctrine 
and rules of order should be prepared for publication 
in the English language, and a very able committee, 
with Dr. J. H. Livingston at its head, was appointed to 
perform this work. Great care and much labor were 
bestowed on it ; it grew in their hands and progress was 
reported to every successive Synod until in October, 
1792, its completion was reported, and it was ordered to 
be committed to the press. In 1793 it was reported that 
this had been done, and in 1794 the Synod expressed its 
gratification that the church order was finally completed 
and was, in general, cordially received in the Dutch 
churches. In order to ascertain the mind of the 
churches all the ministers, with an elder from every 
church, were invited to meet with the Synod in October, 
1791, while the work was in progress, so that the Synod 
might be able to avail themselves of the presence and 
counsel of the whole body of ministers in issuing their 
Ecclesiastical Constitution. The book published in 



CONSTITUTION. 



27 



1793 contains the Confession of Faith, Heidelberg Cate- 
chism, Compendium, Liturgy, Canons of Dordrecht, 
Rules of Church Government, and Explanatory Articles, 
and it is called "The Constitution of the Reformed 
Dutch Church in the United States of America." 

The explanatory articles, seventy-three in number, 
were intended to explain in what manner the Rules of 
Dordrecht were to be executed consistently with the 
local circumstances of the churches in this country. 
The explanations in these articles were declared to be 
and were accepted as authoritative, or part of the organic 
law of the church. 

Thus were the Reformed Dutch churches in America 
organized into a denomination, having for its organic 
law the rules of government of the Synod of Dort and 
the explanatory articles. 

In 1815 a book was published containing these rules 
and explanatory articles with an appendix comprising 
the standing resolutions adopted by the General Synod 
at various times from 1794 to 1815. 

In 1831 the General Synod appointed a committee to 
' ' revise and amend the explanatory articles of church 
government, the appendix, together with the resolu- 
tions in relation to the government of the church, passed 
by the General Synod at different periods, in conform- 
ity with the principles contained in the original rules of 
church government adopted at the National Synod of 
Dort, 1618-19." The distinguished elder, the Hon. 
Peter D. Vroom, of New Jersey, was the chairman of 
this committee, which reported the constitution in its 



28 



NOTES ON THE 



present form of arrangement as a single document, be- 
ing the result of their revising and amending work. It 
was accepted by the Synod, approved by the Classes, 
and it was declared by the Synod of 1833 that it "shall 
henceforth be taken and received as the constitution of 
the said church." (Acts of General Synod, , Vol. iv. 
p. 203.) 

A subsequent revision has been made which was in 
1874, declared to be thenceforth the Constitution. The 
history of the past reviewed by us is not only interest- 
ing but useful as throwing light on the organic law of 
the present. Changes have been called for by changed 
times and circumstances. Amendments have since 
been made, and doubtless will be made in the future. 

INTRODUCTION. 

For the maintenance of good order in the Church of 
Christ, it is necessary there should be certain Offices 
and Assemblies, and a strict attention to Doctrines, 
Sacraments, Usages and Christian Discipline ; of all 
which the following ecclesiastical ordinances partic- 
ularly treat. 

The object of "Ecclesiastical ordinances" is the 
" maintenance of order in the Church of Christ." 

The following paragraphs are from the introduction, 
freely translated, to the Acts of the Synod of Wesel, 
1568. 

"Certain chapters and sections which the ministers 
of the churches of the Netherlands have judged to be 



CONSTITUTION. 



39 



partly necessary and partly useful for the benefit of 
these churches." 

" The Apostle Paul enjoins that in the church of God, 
all things shall be done decently and in order. There- 
fore the churches should not only agree in doctrine, but 
also in government and polity. In order that the same 
system may be followed by all the churches in the 
Netherlands it has seemed good to us, to put in order 
the following articles, after consultation with the best 
of the Reformed Churches, to be subscribed and ob- 
served by all the ministers for the benefit of the 
church." 

To the Acta of the Synod of Embden, 1571, and of the 
Synods of Dordrecht, 1574 and 1578, no introductions 
are prefixed. 

The introduction as we now have it, standing at the 
head of our present constitution appears for the first 
time at the head of the Acta of the Synod of Middle- 
burgh, 1581. It was repeated by the Synods of the 
Hague, 1586, and the National Synod of Dordrecht, 
1618-19. 

ARTICLE I. 

OF THE OFFICES IN THE CHURCH. 

Sec. 1. The Offices in the Church are fourfold, viz: 

1. The Office of Ministers of the Word. 

2. The Office of Teachers of Theology. 

3. The Office of Elders. 

4. The Office of Deacons. 

The first, third and fourth of the offices named are 



30 



NOTES ON THE 



scriptural offices. Our church has under- the law of 
edification created the special office of teachers of the- 
ology. It commits the task of preparing candidates for 
the ministry to men specially appointed hy our highest 
ecclesiastical authority instead of allowing ordinary 
ministers to do this work. It has been done by the 
latter in some cases under exceptional, extraordinar} 7 
circumstances. 

In the early period of the history of our churches in 
America, before the} 7 had a professor of theology, J. 
Frelinghuysen, Goetschius and Dorstius prepared a few 
candidates for the ministry. 

The first act of the Synod of Wesel was in the form 
of a declaration that it was necessary for the welfare of 
the churches that they should have ministers who were 
pious, learned and well-versed in Sacred Scripture ; that 
to this end they should have a knowledge of the lan- 
guages, and be trained by constant exercises in the ex- 
planation of Scripture. It was added that special pains 
should be taken to establish colleges in which the three 
chief languages should be taught, and the necessary 
training be carried on. 

From the principle maintained so early, our branch 
of the Reformed Church has never departed. 

ARTICLE II. 

OF THE MINISTERS OF THE WORD. 

Sec. 1. No person shall be allowed to exercise the 
office of a minister, without being thereinto regularly 
inducted, according to the word of God, and the order 
established by the Church. 



CONSTITUTION. 



31 



This is in accordance with a principle that is essen- 
tial in the government and even to the continued exis- 
tence of any organized society. No man can thrust 
himself into an office; nor can he be put in by others 
except in the way prescribed by the laws of the society. 

Every church belonging to a denomination of Chris- 
tians is bound by the laws whereby the whole denomina- 
tion is governed ; consequently a congregation may not 
act independently in calling and inducting a pastor. 
The laws of the denomination that regulate everything 
pertaining to the "exercise of the office of a minister'' 
must be complied with. 

A layman speaking words of exhortation, by invita- 
tion or not, does not exercise the office of a minister, as 
the phrase is to be understood in this section. 

Nor is preaching by students of our theological 
schools to be regarded otherwise than as a seminary ex- 
ercise allowed by the General Synod, which authorizes 
professors to permit students to preach in our congrega- 
tions under certain restrictions. 

Sec. 2. Every person contemplating the work of 
the ministry, before he commences his course of Theo- 
logical studies, shall furnish satisfactory evidence of his 
being a member, in full communion and in good stand- 
ing, of a Reformed Protestant Church ; of his piety, 
abilities and literary attainments ; and thereupon shall 
be admitted into one of the Theological Schools ; and, dur- 
ing the prosecution of his studies there, shall be subject 
to the rules and regulations thereof ; and when he shall 
have completed the prescribed course and term of Theo- 
logical studies, shall be admitted to an examination 



32 



NOTES ON THE 



according to the regulations of the schools, as estab- 
lished by the General Synod; and, if found qualified, 
shall receive a professorial certificate to that effect, 
which shall entitle him to an examination for licensure 
before the Classis to which he belongs. 

Sections 2 to 6 inclusive are connected, interdepen- 
dent, and any one of them must be interpreted in accord- 
ance with its relation to the others. They state the con- 
ditions, not for licensure only, but for admission to an 
examination for licensure by a classis. 

Section 2 is not a rule for the students of the theologi- 
cal schools under the care of the General Synod. It is 
a part of the organic law of the church ; the rules for 
the government of the schools are found elsewhere. 

This section is operative in the case of one who has 
not yet become a student of theology. ' ' Every person 
contemplating the work of the ministry, shall" it is 
said, " be admitted into one of the theological schools." 
The schools referred to are the three established by, and 
which are under the care of the General Synod, one at New 
Brunswick, one at Holland, Mich., and a third at Arcot, 
India. This is proved by the fact that when the west- 
ern school was established, this section was amended by 
substituting the words, " one of the theological schools," 
for the words, " the theological school." Also, by the 
requirement that the final examination shall be " accord- 
ing to the regulations of the schools as established by 
the General Synod." 

The following requirements are found in this section: 

1. Proof of membership and good standing in a 



CONSTITUTION. 



33 



Reformed Protestant church. This is made hj the pre- 
sentation of a certificate of church membership. 

2. Evidence of piety, given by testimonials and per- 
sonal examination. 

3. Evidence of abilities and literary attainments, 
given by presentation of a college diploma, satisfactory 
certificates or examination. 

4. Admission to the school and subjection to its rules 
and regulations. 

5. Final examination at the end of the prescribed 
course. 

6. Professorial certificate received which entitles one 
to an examination for licensure by the classis. 

Note. The theological schools are open for the ad- 
mission of students from all denominations of Christians. 
These, having received certificates of the work done by 
them, seek licensure from the ecclesiastical bodies to 
which they belong. Or if already licensed or ordained, 
are made welcome to the privileges of the schools. 

Sec. 3. In the examination, strict attention shall be 
paid to the attainments of the student, not only in the 
original languages of the Sacred Scriptures, in Biblical 
literature, in composition, and his method of sermoniz- 
ing, but he shall be especially examined respecting his 
knowledge of Theology, his orthodoxy, his piety, and his 
views in desiring to become a preacher of the Gospel. 

The branches of study on which the applicant for 
licensure is examined by the classis are selected from 
among those which he has pursued in the theological 

[3] 



34 



NOTES ON THE 



school. Others are added when he is examined for ordi- 
nation. If he has been excused by the General Synod 
from attention to any particular studj^ he, of course, 
cannot be examined on it. 

The classes are not required as are the Presbyteries 
of the Presbyterian denomination to examine candi- 
dates for licensure on classical, scientific or literary sub- 
jects. 

Sec. 4. Whoever, upon examination, shall be ap- 
proved by the Classis, must, before he is licensed, attest 
his adherence to the doctrines of the Gospel, by sub- 
scribing the following formula, viz : 

We, the underwritten, testify, that the Heidelberg 
Catechism, and the Confession of the Netherland 
churches, as also the Canons of the National Synod of 
Dordrecht, held in the years 1618 and 1619, are fully 
conformable to the Word of God. We promise, more- 
over, that, as far as we are able, we will, with all faith- 
fulness, teach and defend, both in public and private, 
the doctrines established in the standards aforesaid. 
And, should ever any part of these doctrines appear to 
us dubious, we will not divulge the same to the people, 
nor disturb the peace of the Church, or of any com- 
munity; but will communicate our sentiments to the 
ecclesiastical judicatories under which we stand, and 
subject ourselves to the counsel and sentence of the 
same. 

Connecting this section with the preceding one, the 
word " whoever" must be restricted to those who have 
been admitted to an examination by the way described, 
that is, on a professorial certificate from one of our 



CONSTITUTION. 



35 



theological schools, or by dispensation from such certifi- 
cate granted by the General Synod, which method is 
treated of in a subsequent section. There is no hint of 
an independent authority in a classis to admit one to 
an examination under any other conditions. 
The formula of subscription contains : 

1. A declaration of belief that the standards of doc- 
trine are fully conformable to the word of God. This 
does not imply a belief 

a. That the standards of doctrine are coordinate with 
the word of God as original sources of truth. Nor 

b. That they contain all the truths of revelation, or 
the whole of any one truth. Nor 

c. That they are always expressed in the very best 
way. 

d. Nor that interpretations of any doctrine though 
currently received are endorsed by the act of subscrip- 
tion. 

2. An engagement to teach and defend the doctrines 
contained in the standards. 

3. Treatment of doubts. 

a. Not to be publicly divulged and thus the peace of 
the church be disturbed. 

b. To be made known to the ecclesiastical authorities. 

c. To submit to their counsel and sentence. 

The subject of subscriptions presents some practical 
difficulties which cannot here be considered. But it 
must be understood that subscription is a voluntary act, 
and that no man should subscribe this or any other 
formula without having carefully examined and con- 



36 



NOTES ON THE 



sidered the doctrines to be subscribed to. A good con- 
science must be maintained, and the subscription be 
without mental reservations. Subscription that is merely 
formal and not ex animo is dishonest and demoralizing. 
If a man has scruples let him make them known to the 
classis in limine. He may be sure that they will re- 
ceive due and even generous consideration. The lean- 
ing will ever be to the side of charity. 

Sec. 5. After subscribing the aforesaid formula, the 
candidate shall be entitled to a certificate, or testimonial, 
signed by the president of the Classis before which the 
examination is held, containing a license to preach the 
Gospel; which license may, for cause, be revoked by 
the Classis." 

The form of the license to preach the Gospel may be 
found in the Appendix. 

The license may for cause be revoked by the classis. 

1. The person licensed may become convinced that 
he has not been called of God to the ministry of the 
word. He may, as has been done in some instances, 
ask the classis to revoke his license. 

2. He may fail to receive a call within a reasonable 
time, or he may preach strange doctrines, or his walk 
and conversation may be so unbecoming that the classis 
feels justified in withdrawing his license if not com- 
pelled to. In such a case no judicial proceedings are 
necessary. Though licensed to preach by the classis, 
the candidate remains a private member of a local 
church until he has been ordained. The board of elders 



CONSTITUTION. 



37 



of that church is the court to try him on charges of im- 
morality. 

The question arises whether it would not be well for 
a classis to grant licenses for a limited period, say one 
year, and require from the candidate a report of his 
work during the year. Then the classis might renew 
the license or not at its discretion. 

Sec. 6. Any person of whose gifts, piety and promise 
of usefulness the Classis is satisfied, may be recommend- 
ed by the same to the General Synod for a dispensation 
from any of the above requirements as to study. Such 
recommendation shall always be accompanied by a full 
statement of the reasons for the same. And no dispen- 
sation shall in any case be granted except by the General 
Synod, and on the recommendation of the Classis. 

1. The normal method of admission to examination 
for licensure has been described. Learning and ortho- 
doxy are and always have been highly valued by our 
denomination. Hence the conditions found in section 
2 of a full course and term of theological studies in one 
of our own theological schools. 

2. Yet it is believed and admitted that men who can- 
not meet these conditions may be called of God to the 
ministry, and that therefore the way to it ought to be 
opened to them. At the same time the way should be 
carefully guarded and great caution be exercised in ex- 
cusing persons from any of these conditions. Hence 
both the classis and the General Synod are made re- 
sponsible, the one for recommending and the other for 



38 



NOTES ON THE 



granting dispensations. This is not a new feature in 
our polity, nor a modern device created by the pressure 
of the times. 

In the Rules of Church Government of Dort we have 
the following article : 

' ' Schoolmasters, mechanics and others who have not 
regularly studied shall not be admitted to the office of 
the ministry unless the best assurance be obtained of 
their singular talents, piety, humility, sobriety, good 
understanding and discretion, together with the gifts 
of utterance. Whenever, therefore, such persons offer 
themselves for the ministry, the classis having first 
obtained the approval of synod, shall previously ex- 
amine them; and according to their proficiency shall 
enjoin a course of private exercises; after which they 
shall be dealt with as shall be judged most conducive 
to edification." Art. 8. 

This was in force not only in the Netherlands, but 
also in this country until the adoption of the constitu- 
tion of 1833. 

In the constitution of 1833 there was no provision 
whatever for admission to an examination for licensure 
except on a professorial certificate from our own theo- 
logical school. The reason for dropping the ancient 
provision for dispensations was that at that time a very 
deep interest in the only existing theological school was 
felt throughout the whole denomination. There was a 
determination to build it up and to protect it. The 
endowments of the second and third prof essoi ships had 
just been completed and three professors, constituting a 



CONSTITUTION. 



39 



full corps in those days, had been placed in office, and 
it was felt that the time had come for requiring from all 
who were seeking the ministry in the denomination that 
they should pursue the full course of study in this 
school. The call of God to those who could not do this 
was not recognized. It was a mistaken view that led 
to a mistaken policy. 

It was soon found to be impossible to carry this policy 
into practice. Applications came which it was felt 
could not be denied. Hence synods frequently granted 
dispensations just as if the old permissory rule con- 
tinued to exist. Occasionally one would object and 
secure a refusal on the ground of unconstitutionality. 
This state of things continued until 1874 when the pres- 
ent constitution was adopted. This sixth section was 
introduced so that there might be constitutional author- 
ity for doing that which synods had been doing for forty 
years without constitutional warrant. The principle of 
the rightfulness of dispensations was by this action ad- 
mitted, and at the same time safeguards against abuses 
of it were provided. 

It comes then to this, that no person can be admitted 
to an examination for licensure by a classis unless he 
has either: 

1. A professorial certificate from one of our theologi- 
cal schools obtained in the way described in section 
second, or 

2. A dispensation from the requirements of that sec- 
tion granted by the General Synod. 

The classes of cases in which a dispensation is neces- 



40 



NOTES ON THE 



sary are few and well denned. They are confined to 
dispensations from what are called " the above require- 
ments as to study," all which requirements are men- 
tioned in section 2. No application for a dispensation 
from the examination required by section 3, nor from 
subscription required by section 4 is to be entertained. 
In order therefore, to be able to discriminate between 
necessary and unnecessary applications we must exam- 
ine section 2 and ascertain what are ' ' the above re- 
quirements as to study." It is important to do this so 
that the General Synod may be relieved from the task 
of considering and acting upon applications that the 
classes ought never to bring before it, the number of 
which has caused criticism and complaint. 
The requirements mentioned pertain to 

I. The Place of study. 
II. The Term of study. 
III. The Branches of study. 

I. The Place in which theological studies must be 
pursued is one of the theological schools that are under 
rules established by the General Synod. This condition 
of place is necessary for obtaining the requisite profes- 
sorial certificate, without which a dispensation becomes 
necessary, even though one may have passed three full 
years in a theological seminary of another denomination. 
By this statement the comparative merits of theological 
seminaries are not brought into consideration at all, for 
the question is purely a constitutional one, which can 
be determined by an appeal to the constitution only. 



CONSTITUTION. 



41 



II. The Term. The student is required to complete 
the prescribed term of theological studies, that is he is 
to continue to pursue them during three full years. 

The General Synod however ma} 7 grant to one a dis- 
pensation from two years or one year of study, or as has 
occasionally been done from the whole term of three 
years. Part of the time may have been spent in some 
other seminary, or the applicant may not have been a 
member of any theological seminary at all even for a 
year. 

III. The Branches of Study. The requirement is to 
complete the course prescribed, that is to pursue all the 
branches demanded by the curriculum. But it has 
sometimes seemed well to a classis and synod that some 
student should be excused from the pursuit of some 
particular study, usually Hebrew or Greek. A dispen- 
sation has in such a case, in accordance with authority 
given by this section, been granted. 

This classification is exhaustive of all cases of dispen- 
sation authorized by the constitution. 

Dispensations also may be granted in cases described 
in the following rule of the Board of Education, Xo. 7 : 
" Every beneficiary shall have finished a complete and 
regular course of collegiate study before he shall be 
allowed to enter the theological seminary, unless a 
dispensation shall have been obtained from General 
Synod." 

This rule applies to beneficiaries only, that is to stu- 
dents who are actually receiving aid from the Board of 
Education, and who are at the time pursuing academic 



4-3 



NOTES OX THE 



or collegiate studies which they are required to complete. 
They are prohibited from admission to the theological 
school before they have completed their collegiate 
courses, except by permission of the General Synod. 
This is a wise and most excellent rule which ought 
always to be strictly enforced. It is difficult to see how 
it can be made to apply to persons who are not benefi- 
ciaries, who are not pursuing collegiate studies, and who 
are not seeking admission to one of the theological 
schools, but who have already been admitted by the 
proper authority and in strict accordance with the rules 
established by the General Synod. These rules do not 
require, and never have required graduation from a col- 
lege as an essential though highly desirable qualification 
for admission into one of our theological schools, and 
which qualification is possessed in a vast majority of 
cases. 

It is suggested that the language of this rule might 
be modified as follows, so that its meaning could not be 
mistaken. 

Every beneficiary pursuing academic or collegiate 
studies shall have finished a complete and regular 
course of collegiate study before he shall be allowed to 
enter one of the theological schools; unless he shall 
have obtained permission from the General Synod. Or 
instead of General Synod say, Board of Education. 

The General Synod in June, 1895, adopted the fol- 
lowing resolutions which should command commenda- 
tion and attention from all parties concerned : 

1. " The Reformed Church in America should eon- 



CONSTITUTION. 



43 



tinue to maintain the historic, high standard of literary 
attainments in its ministry. 

2. "To this end, recommendations for the exercise of 
the dispensing power should be made by classes only 
when circumstances the most extraordinary imperative- 
ly demand it." 

The classes are required in the section to accompany 
every recommendation for a dispensation "by a full 
statement of the reasons for the same." This is neces- 
sary in order to secure intelligent action by the synod ; 
for the classes have facilities for learning all about a 
case which the synod has not. A classis should never 
recommend one for a dispensation until it has learned 
all the facts and circumstances that bear on the case, 
and has satisfied itself of the worthiness and fitness of 
the applicant. Even if one has studied three full years 
in a theological school which is not under the care of 
the General Synod, he should not as a matter of course 
be recommended on that ground solely, but the classis 
should enquire into his reasons for having turned away 
from the place and course prescribed by the constitu- 
tion, and into the character of the school in which he 
has studied; also into his "gifts, piety and promise of 
usefulness." Also by such examination as may be nec- 
essary to learn what have been his habits and manner of 
life, and whether his acquirements show that he has im- 
proved his time. A student in one of our own schools is not 
admitted to an examination for licensure on the ground 
that he has spent three years in the school, but he must 
pass an examination before the Board of Superintend- 



n 



NOTES ON THE 



ents before he can receive the professorial certificate 
that admits him to an examination by the classis. Why 
should easier terms be granted to one who seeks a dis- 
pensation which is the practical substitute for a profes- 
sorial certificate ? As the one is. examined b} 7 the Board 
of Superintendents why should not the other be ex- 
amined by the classis so that they may ascertain 
whether he is to be recommended or not ? Why should 
special privileges be granted to him who seeks a dis- 
pensation ? 

If the classes should resolutely decline to recommend 
for a dispensation in every case in which a dispensation 
is not required by the rules of the General Synod; if 
they should be strict in examining into the merits of the 
cases in which the dispensation desired is needed ; and if 
they should resolutely act without fear or favor, the 
number of applications and recommendations would be 
wistly diminished, in fact they would almost cease to 
perplex the General Synod at all. 

Our system and rules in regard to examinations and 
licensures differ widely from those of most of the denom- 
inations around us, notably from those of our Presby- 
terian brethren. All that need here be said is that we 
must abide by our own book, and not suffer it to be in- 
terpreted by the system or practice of any other denom- 
ination. 

Sec. 7. A candidate for the ministry may not, under 
any pretence whatever, administer the sacraments ; nor 
can he be a delegate to represent a church in any eccle- 
siastical assembly. 



CONSTITUTION. 



45 



1 . Being a layman, a candidate for the ministry who 
is only licensed to preach, may not any more than any 
other layman, administer the sacraments. This is the 
prerogative of an ordained minister. If an elder and a 
candidate should be in a company of Christians in an 
extraordinary state of isolation from all church privi- 
leges, which companj^ should feel moved to commemo- 
rate their Saviour's dying love by observing the Lord's 
supper, it would be more proper for the elder to preside 
than for the candidate to do it, the former being a spir- 
itual officer in the church, while the latter is no official 
at all. 

2. Not being a member of a classis, but only under 
its care, he cannot take part in its proceedings, nor be a 
delegate to one of the higher bodies. If he should hap- 
pen to be an elder of a church during the period of his 
studies and after licensure, as has sometimes been the 
case, he might as such be a member of the classis, or of 
the synods, but not as a candidate. 

Sec. 8. Every candidate for the ministry is to con- 
sider himself under the immediate direction of the 
Classis which examined him, and is to visit such congre- 
gations, and preach in those places to which the Classis 
shall send him; but, if no particular directions are 
given, he may preach at his own discretion in any con- 
gregation that shall invite him. 

This is an excellent provision in itself, showing the 
interest that classes should take in their candidates, in 
the early part of this century there were few ministers and 



46 NOTES ON THE 

V 

very many weak and pastorless congregations, especially 
in new settlements on the borders of civilization. To 
these the classes were accustomed to send their candi- 
dates to labor among them for a designated period, and 
to go from one to another in turn. It was an admirable 
discipline for the young men, and most helpful to these 
feeble and destitute churches. Some of these were in 
Canada and some in northern and central New York. 

In the present day circumstances have greatly 
changed. Vacant congregations usually prefer to pro- 
cure their own supplies, and the help of the classis 
would not be welcomed. Still a classis should be ready 
and anxious to aid its candidates in anj^ practicable way. 

Sec. 9. A candidate who has accepted a call, must be 
examined for his becoming a minister. In this final ex- 
amination, besides a repetition of his previous trials in 
composition and sermonizing, the original languages of 
the Sacred Scriptures, Biblical literature, and his knowl- 
edge of Theology, as well Didactic as Polemic, he shall 
be interrogated respecting the nature and administra- 
tion of the Sacraments, the duties of the ministry, and 
his knowledge of Ecclesiastical History and of Church 
Government. 

The examination for ordination is made by the classis 
to which the church which has called the candidate be- 
longs. 

Additional subjects for examination are enumerated 
in this section. 

A call, whether on a candidate or ordained minister, 



CONSTITUTION. 



47 



must be approved by the classis before it can be placed 
in the hands of the person called. 

Sec. 10. Upon giving satisfaction in this examina- 
tion, the candidate shall subscribe the following formula, 
viz: 

" We, the underwritten, in becoming Ministers of the 
Word of God, within the bounds of the Classis of N. N., 
do hereby sincerely, and in good conscience before the 
Lord, declare, by this our subscription, that we heartily 
believe, and are persuaded, that all the articles and 
points of doctrine contained in the Confession and Cat- 
echism of the Reformed (Dutch) Church, together with 
the explanation of some points of the aforesaid doctrine 
made in the National Synod, held at Dordrecht, in the 
year 1619, do fully agree with the Word of God. We 
promise, therefore, diligently to teach, and faithfully to 
defend, the aforesaid doctrine, without either directly 
or indirectly contradicting the same by our public 
preaching or writings. We declare, moreover, that we 
not only reject all errors that militate against this 
doctrine, and particularly those which are condemned in 
the above-mentioned Synod, but that we are disposed to 
refute and contradict them, and to exert ourselves in 
keeping the Church pure from such errors. And, if 
hereafter, any difficulties or different sentiments re- 
specting the aforesaid doctrine should arise in our 
minds, we promise that we will neither publicly nor 
privately propose, teach or defend the same, either by 
preaching or writing, until we have first revealed such 
sentiment to the Classis, that the same may be there 
examined : being ready always cheerfully to submit to 
the judgment of the Classis, under the penalty, in case 
of refusal, to be ipso facto suspended from our office. 
And, if at any time the Consistory, or Classis, upon 
sufficient grounds of suspicion, and to preserve the 



48 



NOTES ON THE 



uniformity and purity of doctrine, may deem it proper 
to require of us an explanation of our sentiments 
respecting any particular article of the Confession of 
Faith, the Catechism, or the explanation of the National 
Synod, we do hereby promise to be always willing and 
read}' to comply with such requisition, under the penalty 
above mentioned, reserving, however, to ourselves, the 
right of an appeal, whenever we shall conceive our- 
selves aggrieved by the action of the Consistory or 
Classis; and, until a decision is made upon such ap- 
peal, we will acquiesce in the determination and judg- 
ment already passed." 

This section explains itself sufficiently. The remarks 
about subscription made under section 4 need not be 
here repeated. 

Ministers should be conscientious in promptly fulfill- 
ing their promise to make known their doubts to the 
ecclesiastical authorities before promulgating them, and 
to submit themselves to their judgment. A different 
course is dishonest, hurtful to the minister himself and 
to the peace of the church. 

Sec. 11. The Classis before which the examination 
of a candidate is held shall fix a day for his ordination, 
which ordination shall be conducted by the Classis with 
proper solemnity ; a sermon suited to the occasion shall 
be preached, and the promises, directions, explanations 
of duty, with a laying on of hands, shall be agreeable 
to the form for that end expressly made and adopted ; 
after which a certificate of his ordination, signed by the 
President, shall be given. 



CONSTITUTION. 



49 



It is clearly implied in this section that the day for 
ordination is not to be fixed nntil it has been determ- 
ined that there shall be an ordination ; that is, after an 
examination has been successfully passed. This sec- 
tion should be strictly observed in its spirit and letter. 
It is the right way and the only safe way. A classis 
should not be willing to announce, for the sake of avoid- 
ing a special meeting, that an ordination will take place 
on the same day with the examination even though the 
notice contain the stereotyped words, "if the way be 
clear. " The classis should avoid the risk of embarrass- 
ing themselves by inviting a congregation to witness an 
ordination which their consciences may perhaps not 
allow them to perform. The examination may be a 
failure or the candidate may be shown to be seriously 
heterodox. Cases have occurred in which members of 
a classis have confessed that they voted to pass a man 
only because the people were present to witness an 
ordination, and that while their consciences protested 
they yet voted as they did, because it was disagreeable 
to do otherwise under the circumstances, and because 
there was danger of disturbing the peace of the con- 
gregation. 

The exercises connected with the ordination are: 

1. A suitable sermon is to be preached. 

2. The Form for the ordination of ministers contained 
in the Liturgy is to be read in connection with the lay- 
ing on of the hands of the ministers with prayer, to be 
followed by the reading of the charges to pastor and 
people that are contained in the Form. Additional 

W 



50 



NOTES ON THE 



charges given by persons appointed are neither neces- 
sary nor expedient. Wise is the classis that is content 
with those contained in the Form. 

The ceremony of the laying on of hands required 
by this section has always been practiced by our de- 
nomination in America as well as by other Christian 
denominations. 

This ceremony is not essential to ordination, but it is 
simple, significant, ancient, in accordance with spiritual 
examples of its employment in various services, and 
there is no good reason for its abandonment. 

The Synod of Wesel, Ch. I. Sec. 11, declared the lay- 
ing on of hands to be a matter of indifference. The 
Synod of Embden, Ch. I. Sec. 16, directs it to be done, 
but without superstition, and without regarding it as es- 
sential. 

The first Synod of Dordrecht, Sec. 24, directs its omis- 
sion on account of the danger of fostering superstition. 

The second Synod of Dordrecht allows the laying on 
of hands if it can be done to edification, if not, the giv- 
ing of the right hand may be substituted. 

The third Synod (National) of Dordrecht enjoins it in 
Article 4, of the Rules of Government. 

The form of testimonial of ordination is contained in 
the Appendix. 

Sec. 12. The office of a Minister is to persevere in 
prayer and the ministry of the Word ; to dispense the 
Sacraments; to watch over his brethren, the Elders and 
Deacons, as well as over the whole congiegation ; and 
lastly, in conjunction with the Elders, to exercise Chris- 



CONSTITUTION. 



51 



tian discipline, and to be careful that all things be done 
decently and in good order. Every Minister must con- 
sider himself as wholly devoted to the Lord Jesus Christ 
in the services of the Church, and shall faithfully fulfill 
the obligations of his call, in preaching, catechizing, 
and visiting his flock ; and be instant in season and out 
of season ; and, by word and example, always promote 
the spiritual welfare of his people. 

The duties belonging to the office of a minister need 
not be dwelt upon. They are plainly set forth in every 
call, and also in the Form for the ordination of minis- 
ters. 

Sec. 13. No person shall be ordained to the ministry 
of the Word, without settling in some congregation, ex- 
cept for missionary work under the direction of the 
Classis, or in foreign lands; and no person when 
ordained, shall be at liberty to relinquish his calling as 
a Minister for any secular avocation, except for import- 
ant reasons, concerning which the Classis shall inquire 
and determine. 

This section is prohibitory 

1. Of ordination sine titulo except in certain cases. 

Ordination it is assumed is to take place normally in 
connection with induction into the pastoral office in 
some organized church and in accordance with the call 
of said church. 

Ordination without reference to some designated work 
or charge is wisely prohibited. 

Ordination is allowed for missionary work under the 
direction of the classis. Both the worker and the work 



52 



NOTES ON THE 



are to be under the direction of the classis to which 
regular reports should be made. The work may be 
done within the bounds of the classis or in destitute 
places beyond. 

Or for work in foreign lands. The foreign missionary 
needs all the powers conferred by ordination, for he 
must arrange his own work, be able to administer the 
sacraments to converts and to form them into churches. 
His case is very different from that of one who is en- 
gaged in some form of work in a community abounding 
in churches and ministers. 

Ordination is not to be regarded as a reward of merit, 
or recognition of good service done, but a setting apart 
of one to work to be done. 

2. Relinquishment of the ministerial calling except 
under certain conditions. 

When a man enters the ministiy it is expected that 
he will persevere in it as long as he shall have ability to 
serve. But Protestantism does not hold with Roman 
Catholicism that orders are indelible. As God calls 
men into the ministry, so also He may and often does 
call them out. We cannot successfully contend with 
Providence. Circumstances are compulsory. Health 
may fail; opportunities be withdrawn; imperative calls 
come from other directions. Hence among presidents of 
colleges, professors, teachers, editors and even business 
men clergymen who have left the pastoral office are 
found. 

It is required by this section that there shall be im- 
portant reasons for demission of the ministry in order 



CONSTITUTION. 



53 



to devote one's self to a secular occupation. Also that 
one may not constitute himself sole and independent 
judge in the matter. He must submit his reasons to the 
classis, so that they may inquire and determine concern- 
ing them. He who fails to present his reasons to the 
classis until he has decided the matter for himself, has 
made his arrangements and perhaps has actually en- 
tered on his new occupation, and does it then only be- 
cause he wishes the classis to go through the form of 
dissolving the pastoral connection, insults the classis 
and shows contempt for this provision of the constitu- 
tion. 

This section does not forbid a pastor from giving some 
of his time to other than pastoral work, especially teach- 
ing, writing or lecturing if his temporal support require 
it, and he does not allow it to interfere seriously with 
his parochial duties. This is not a case of proposed 
demission of the ministry which must be referred to the 
classis for consideration and determination. 

It may be asked whether the spirit of this section does 
not suggest that any one who proposes to leave the work 
of the ministry while he is capable of performing it, not 
for a secular occupation, but for a life of ease, ought not 
to submit his important reasons to the classis ? 

Sec. 14. Ministers who, by reason of old age, or 
habitual sickness and infirmities, either of mind or body, 
are not capable of fulfilling the duties of the ministry, 
may, upon application, and sufficient proof of such in- 
capacity being made to the Classis, be declared emeriti, 
and be excused from all further services in the Church 



54 



NOTES ON THE 



during such infirmity ; reserving, however, to them the 
title, rank, and character which, before such declara- 
tion, they enjoyed. In all such cases, before the Classis 
declares any Minister emeritus, they may require a stip- 
ulation in writing from the Consistory to which he be- 
longs, under their common seal, and signed by their 
President, to pay such Minister annually, in half yearly 
payments, during his exemption from pastoral service, 
for his support, such sum as the Classis shall deem rea- 
sonable, having due regard to the stated salary of such 
Minister, and the situation and ability of the congrega- 
tion. This stipulation shall at any time be subject to 
modification or discontinuance by the Classis. 

The term emeritus is applied to a minister who has 
been honorably discharged by the classis from active 
service for reasons stated in this section, for the validity 
of which sufficient proof has been given. 

Application may be made by the minister, or the con- 
sistory or conjointly as is usually the case. 

By retention of the "title, rank and character" of a 
minister, it is not meant that the minister emeritus 
may claim the right to undertake a church service when- 
ever he may feel able and disposed to perform it, thus 
taking precedence of the minister who has been called 
to discharge all the duties of the pastorate. Neverthe- 
less, the retired minister should be treated with due 
courtesy and the greatest respect by the acting pastor, 
who should be glad of his help in preaching, and the 
administration of the Lord's supper, and who will not 
be disturbed by jealousy if he is invited to take a proini- 



CONSTITUTION. 



55 



nent part in baptisms, marriage ceremonies and funeral 
services. 

The requirement about temporal support is sufficiently 
explained in the section. It was formerly enjoined on 
the classis to require the consistory to make some pro- 
vision for it. It is now left in every case to their dis- 
cretion. When the requirement was compulsory, con- 
sistories were often very loth to have their pastor^ 
declared emeriti. 

It may be fairly inferred that a minister emeritus is 
excused from attending and presiding over meetings of 
consistory even during a vacancy in the active pastorate. 

Ministers who are incapacitated for service should in 
every case be declared emeritus, so that they may not 
be reported by the classes as ' ' ministers without charge," 
and so made liable to the suspicion that they have with- 
out good reason withdrawn from active service. 

Sec. 15. For the regular application for dismission of 
a Minister from his charge, it is required that a neigh- 
boring Minister of the same Classis to which the congre- 
gation belongs, be invited to be present, and superin- 
tend the application for said dismission of the Minister 
from his congregation, countersign it, and deliver it, 
with a report upon the subject, to the Classis, which 
report and document shall serve as a basis upon which 
the final dismission and certificate of the Classis shall 
be founded. But it is provided, that whenever either 
Minister or Consistory shall not join in the application, 
that fact shall be plainly stated in the report above de- 
scribed, in which case no dismission shall be made by 
the Classis except after a hearing of both Minister and 



50 



NOTES ON THE 



Consistory in open Classis, of which hearing ten days' 
notice shall have first been given to both parties by the 
President of the Classis, whose warrant for such notice, 
and call of Classis, shall be the report as above described. 
Nor shall any dismission be effected under circumstances 
now specified, except by a vote of two-thirds of the 
members of the Classis present. 

A minister is dismissed from his charge not by the 
consistory of his church, but by the classis. He there- 
fore insults both his congregation and the classis, who, 
purposing to take another charge, acts as if he had been 
already dismissed and permitted to go. He preaches a 
farewell sermon and perhaps removes his family and 
goods and then thinks of asking the consistory to unite 
with him in an application to the classis for a dissolu- 
tion of the pastoral connection, which application it is 
competent for the classis to refuse to grant. Such a 
course is a flagrant violation of this law, as well as a 
breach of propriety. 

The regular method of procedure is clearly described 
in this section. 

Another minister of the same classis must superin- 
tend the proceedings in the consistorial meeting, coun- 
tersign the application for dismission, and send this 
document together with a report on the subject to the 
classis. These two documents are the basis for the 
action of the classis. In this case a joint application of 
minister and consistory is assumed. 

If one of the parties refuses to join in making the 
application, the superintending minister is required to 



CONSTITUTION. 



57 



report the fact to the classis. Then a special meeting 
of classis must be held, of which both parties must re- 
ceive ten days' notice from the president of the classis, 
and in which meeting both parties are to be heard. 

No dismission may be granted unless two-thirds of 
the members of the classis present vote for it. 

In a case brought before the General Synod by final 
appeal in 1878 it was decided that the " members pres- 
ent" meant all the members of the classis that were 
present including those who were not voting. 

Sec. 16. All Ministers of the Gospel are equal in 
rank and authority ; all are Bishops or overseers in the 
Church; and all are equal Stewards of the mysteries of 
God. No superiority shall, therefore, be ever claimed 
or acknowledged by one Minister over another ; nor shall 
there be any lords over God's heritage in the Reformed 
(Dutch) Churches. 

Ministers differ greatly in many respects, and it is to 
be expected that one should exercise vastly more in- 
fluence than another, and that one dominating mind 
should at times shape the policy of a whole denomina- 
tion. But this does not interfere with the principle of 
the official parity of all ministers. This is an essential 
principle of Presbyterianism in all its branches. 

Sec. 17. Consistories of vacant congregations shall 
not invite or permit Ministers of other denominations, 
whose characters and standing are not known, to preach 
within their bounds, unless they exhibit satisfactory 
evidence in writing, of a recent date, of their regular 



58 



NOTES ON THE 



authority for that purpose, and their good standing; 
and, in all doubtful cases, such Consistories shall con- 
sult a Standing Committee of Classis, to be appointed 
for that purpose. 

It is evident that no classis should ever fail to have a 
standing committee for the purpose described in this 
section. 

It is not the function of this committee to arrogate 
authority over the vacant churches in the classis, to 
claim the right to send them ministerial supplies, or to 
meddle in their affairs except when invited, and then 
only in cases described in the section. 

Consistories of vacant congregations are generally 
able to take care of themselves in this matter, and they 
cannot be too careful in guarding their pulpits against 
strangers whose characters and standing are not known 
to them, and whose credentials will not bear a close 
examination. But they are not always as careful as 
they should be. 

Sometimes one has made his appearance in a congre- 
gation who told a very plausible story, was very win- 
ning in his manners and who talked very piously and 
beautifully. It hardly seemed worth while to look at 
his credentials at all, or to enquire into his character, 
standing or past record. He has been admitted to the 
pulpit, he has captivated the people by his eloquence, 
and has been called to the pastorate with enthusiasm. 
It has been very soon discovered that he was entirety 
unworthy of confidence, an impostor, a wolf in sheep's 
clothing. 



CONSTITUTION. 



59 



In cases that are doubtful the consistory may and 
should apply to this committee for advice and aid. The 
committee may have knowledge of the person about 
whom there is doubt, or they may have facilities for 
learning concerning him which the consistory does not 
have, and they may at least be able to give judicious 
and seasonable advice. 

Sec. 18. The Classis shall receive no Licentiates or 
Ministers under their care from any body of professing 
Christians who maintain doctrines different from those 
of the Reformed (Dutch) Church, without an open and 
explicit declaration, on their part, that they have re- 
nounced such doctrines, as contrary to the Holy Scrip- 
tures, and the standards of our Church. 

It is to be presumed that a licentiate or minister 
coming from another denomination must have honestly 
believed the doctrines of that denomination. Coming 
to one holding differing doctrines he owes it not only to 
that denomination, but to himself that he make proof 
of his honesty and honor in the matter by such a dec- 
laration as is required in this section. 

If a minister of another denomination receives an 
intimation that one of our churches is disposed to call 
him, he ought immediately to make himself acquainted 
with our standards of doctrine. If he cannot assent to 
them he should at once make it known that he could 
not accept a call if offered. He ought not to be willing 
to put a classis to the unpleasant necessity of rejecting 
him, nor above a 11 to violate his own conscience by sub- 
scribing to that which he does not believe. 



60 



NOTES ON THE 



Sec. 19. If any application be made for the admis- 
sion of a Licentiate or Minister from other churches, it 
shall be the duty of the Classis to subject him to such 
examination as shall enable them to proceed with free- 
dom in his case. 

The examination is imperative ; a good certificate of 
dismission from the soundest body of Christians is not 
sufficient. The examination may be light or severe 
according to the case. But the classis may not stop 
short of a satisfactory knowledge of the qualifications 
of the person seeking admission. 

This section is intended to supersede the rules for the 
" Reception of Ministers," which are printed in the 
Appendix to the Constitution. These rules were adopted 
by the General Synod in 1840 and are of doubtful con- 
stitutionality. In the edition of the Constitution pub- 
lished in 1892, the following note is appended to these 
rules : 

" See minutes of General Synod 1840, page 387. The 
Constitution of 1874 Article II. § § 18, 19, partly modi- 
fies, if it does not actualty repeal this legislation of 
1840." 

It would be well hereafter to omit them from the 
Appendix and so avoid misunderstanding and embar- 
rassment. 

ARTICLE III. 

OF TEACHERS OF THEOLOGY. 

Sec. 1. As it is of the greatest importance that Pro- 
fessors of Theology should be sound in the faith, possess 



CONSTITUTION. 



61 



abilities to teach, and have the confidence of the 
churches, they shall always, for the greater security, be 
chosen and appointed by a vote of three-fourths of the 
members present in the General Synod. To prevent, as 
far as possible, the unhappy consequences of partiality, 
haste, or undue influence in obtaining an office of such 
consequence to the Church, a nomination of one candi- 
date, not necessarily of its own members, may be made 
by each Classis, provided that such nomination be made 
twenty days before the meeting of the General Synod, 
and the name of the nominee be sent at once by the 
stated clerk of each Classis so nominating, to the stated 
clerk of the General Synod. Nominations, not to ex- 
ceed three, may be made by the General Synod, pro- 
vided that no election of a Professor of Theology shall 
ever be made on the same day on which he is nominated. 
From all those thus nominated, the General Synod, hav- 
ing fixed a day, shall proceed to an election, provided 
that no one nomininated shall be set aside, except by 
the regular process of balloting for an election. 

This section treats of the election of a professor. 

1. He is elected by the General Synod, for that body 
has ''original cognizance of all matters relating to the 
theological schools, the appointment of professors, &c." 
(Art. IX. Sec, 4.) 

2. The election is confined to persons who have been 
nominated before the day of election by the classes and 
the General Synod respectively, as described in the sec- 
tion. No one can be voted for unless he has been thus 
nominated. 

3. One who has been nominated may not be set aside 
before or during the election, except by the regular pro- 



62 



NOTES ON THE 



cess of balloting. A resolution to confine the voting 
to a few who are receiving more votes than others, 
cannot be entertained. The justice and wisdom of this 
provision are obvious. It sometimes happens that 
one who receives a large number of votes on the nomi- 
ation and on the first ballot, fails to receive an addi- 
tional one; also that one who had few votes at the 
beginning, receives additional ones until he is elected. 
Once, it happened that the man who had only one vote 
on the nomination, and who obtained no more during a 
number of ballotings, yet was finally elected, and his 
work as a professor proved that no mistake had been 
made. 

The constitution did not contain this rule about elec- 
tions until 1874, when the present constitution was 
adopted. Before that time, it frequently happened that 
when the synod was about to proceed to an election, 
somebody would offer a resolution that only a limited 
number of the nominees be voted for, being those who 
had been nominated by the largest number of members. 

Sometimes after a few ballotings, and when the pros- 
pect was that a choice would not be reached very soon, 
somebodjr would offer a similar resolution, seeming to 
think that the all-important matter was to bring the 
balloting to an end in the shortest time practicable. 

The only objection brought against this rule is that 
many ballotings are likely to be required, and thus 
much time will be consumed, and sometimes postpone- 
ment of the election to another day ma} 7 be made neces- 
sary. But is it not better to adjourn finally without 



CONSTITUTION. 



03 



having made a choice at all, and to make temporary 
provision for instruction in the vacant department, than 
to do what is unjust, unwise and hazardous ? 

The votes " of three-fourths of the members present 
in the General Synod " are necessary to effect an elec- 
tion. It is thought that by this means there is greater 
security that men will be chosen to the office who are 
sound in the faith, possess abilities to teach, and have 
the confidence of the churches, than if only a majority 
vote was required. Perhaps so; the rule has worked 
well thus far. Yet it may be that it may become nec- 
essary to elect a compromise candidate instead of a 
better man who could receive a majority vote, but not 
one of three-fourths. 

The form of a professorial appointment may be found 
in the Appendix. 

Sec. 2. No person shall be appointed to the office of 
a Professor who is not a Minister in good standing; and 
every Professor of Theology shall continue in his office 
during life, unless in case of such misbehavior as shall 
be deemed a violation of the obligations entered into at 
his appointment; or unless he voluntarily deserts or 
resigns his profession, or from age or infirmities becomes 
incapable of fulfilling the duties thereof ; of all which 
the General Synod alone shall judge; and to that Synod 
a Professor of Theology shall always be amenable for 
his doctrine, mode of teaching, and moral conduct. 

From Article 3, of the Rules of Church Government 
of the Synod of Dort it appears that one who was not a 
minister of the word might be a professor of theology. 



64 



NOTES ON THE 



It says : ' ' No person although he be a professor of the- 
ology, elder or deacon shall be permitted to officiate in 
the ministry of the word and sacraments without being 
thereunto lawfully called." 

But the explanatory articles framed for the govern- 
ment of the Church in this country assume that pro- 
fessors are ministers. In article 20 we read, "but as 
they are ministers who preach occasionally, <fec." In 
one section it is required that they shall be ministers in 
good standing. 

A minister belonging to another denomination may 
be chosen for professor. But in entering on his office he 
comes under the jurisdiction of the General Synod and 
becomes connected with the denomination. 

As pastors are called for life to their charges so pro- 
fessors are appointed for life to their professorships. 
But a vacancy may be created 

a. By removal for misbehavior or immoral conduct, 
heresy, or unsatisfactory mode of teaching. 

b. By resignation from or desertion of office. 

c. Inability to perform the duties of the office because 
of age or infirmities. 

A professor is directly amenable to the General 
Synod. 

Sec. 3. No Professor of Theology shall be permitted 
to officiate until he shall have subscribed the following 
formula, viz: "We, the underwritten, in becoming 
Professors of Sacred Theology in the Reformed (Dutch) 
Church, by this our subscription, uprightly, and in good 
conscience before God, declare that we heartily believe, 



CONSTITUTION. 



65 



and are persuaded, that all the articles, and points of 
doctrine, contained in the Confession and Catechism of 
the Reformed (Dutch) Church, together with the ex- 
planation of some points of the said doctrine, made in 
the National Synod, held at Dordrecht, in the year 
1619, do fully agree with the Word of God. We 
promise, therefore, that we will diligently teach, and 
faithfully defend, the aforesaid doctrine ; and that we 
will not inculcate or write, either publicly or privately, 
directly or indirectly, anything against the same. As, 
also, that we reject not only all the errors which mili- 
tate against this doctrine, and particularly those which 
are condemned in the above-mentioned Synod, but that 
we are disposed to refute the same, openly to oppose 
them, and to exert ourselves in keeping the Church 
pure from such errors. Should it nevertheless hereafter 
happen that any objections against the doctrine might 
arise in our minds, or we entertain different sentiments, 
we promise that we will not, either publicly or private- 
ly, propose, teach, or defend, the same, by preaching or 
writing, until we have first fully revealed such senti- 
ments to the General Synod, to whom we are responsi- 
ble; that our opinions may, in the said General Synod, 
receive a thorough examination, being ready always 
cheerfully to submit to the judgment of the General 
Synod, under the penalty, in case of refusal, to be cen- 
sured by the said Synod. And whenever the General 
Synod, upon sufficient grounds of suspicion, and to 
preserve the uniformity and purity of doctrines, may 
deem it proper to demand from us a more particular ex- 
planation of our sentiments respecting any article of the 
aforesaid Confession, Catechism, or Explanation of the 
National Synod, we promise hereby to be alwaj^s willing 
and ready to comply with such demand, under the penalty 
before mentioned; reserving to ourselves the right of 
rehearing, or a new trial, if we shall conceive ourselves 

[5] 



66 



NOTES ON THE 



aggrieved in the sentence of the General Sj 7 nod; during 
the dependence of such new trial, we promise to ac- 
quiesce in the judgment already passed, as well as 
finally to submit, without disturbing the peace of the 
churches, to the ultimate decision of the said General 
Synod." 

This formula of subscription for professors of theol- 
ogy differs only from that for ministers in that it is 
more full and emphatic. This is very proper in view of 
the influence that they must exert over the whole church, 
who are the teachers of those who are preparing to be 
teachers of the people. The particular requirements 
and pledges are so fully and clearly stated in the for- 
mula, that it is not necessary to repeat or explain them. 

In 1834 a professor in the theological school at New 
Brunswick was summoned by the General Synod to ex- 
plain some statements found in a sermon which he had 
published. He complied, and his explanation was de- 
clared to be satisfactory, although the sermon was not 
approved. 

Sec. 4. No Professor, while in office, shall have the 
pastoral charge of any congregation, or sit as a member 
of any ecclesiastical assembly or judicatory ; but as a 
Minister of the Gospel, may preach, and administer, or 
assist in administering the Sacraments in any congrega- 
tion, with the consent of the Minister or Consistory. 

A professor may as a minister preach and administer 
the sacraments in congregations when invited, but he 
may not hold a pastoral charge. In the Presbyterian 



CONSTITUTION. 



67 



denomination, professors of theology are not prohibited 
from holding pastoral charges, but the}' seldom do hold 
them. 

A professor may not sit as a member of any ecclesias- 
tical assembly or judicatory. He cannot act as a mem- 
ber of the classis, nor is he under the jurisdiction of 
that body. In this respect also our sj^stem differs from 
that of the Presbyterian denomination. In it professors 
are members of the presbytery, and like other ministers 
are subject to its discipline. They may be, and often 
are delegated to the General Assembly. Whatever may 
be the merits or demerits of our system, it at least pre- 
vents all conflicting claims to jurisdiction by different 
courts, whenever a professor's doctrine or conduct is 
brought in question. With us a professor is amenable 
directly and only to the General Synod. 

It was not so in the beginning of our ecclesiastical 
history in this country. Dr. Livingston was elected 
professor in 1784, but continued pastor in the collegiate 
church of New York until his removal to New Bruns- 
wick in 1810. Drs. Romeyn and Froeligh continued to 
be pastors, the former until his death in 1804 and the 
latter until his secession in 1822. 

The following is the explanatory article (20) on the 
subject by which the church was governed until the 
constitution of 1833 was adopted: 

" Professors of theology have as such no power, jur- 
isdiction or government whatever in the church; but as 
they are ministers who preach occasional^, the} 7 are 
entitled when they stand in connection with any con- 



68 



NOTES ON THE 



gregation, equally with other ministers to administer 
the sacraments, and to a seat and voice in ecclesiastical 
assemblies." 

Prof. Livingston was president of the General Synod 
in 1803. 

He was removed by death in 18 "2 5. Tradition says 
that the fear lest some other professor should obtain an 
overwhelming influence like his in the affairs of the 
denomination, had much to do with the introduction of 
the section into the constitution of 1833, whereby pro- 
fessors are prohibited from membership in the ecclesias- 
tical assemblies. 

The General Synod at its meeting in June, 1895, 
adopted a resolution to the effect that the faculties of 
the theological seminaries be invited ' ' to send each year 
one of their number to attend the General Synod, and 
present before it their claims and afford information on 
matters which concern them; and suggest that they be 
heard on the presentation of the report of the committee 
on the professorate." (Minutes, page 71.) 

Sec. 5. A Professor shall not be at liberty to resign 
his office without the consent of the General Synod, ex- 
cept upon giving three months' previous notice to the 
President of that body, of his intention so to do. 

This section does not need explanation. Its meaning 
and propriety are obvious. 

Sec. 6. A Professor of Theology, being amenable only 
to the General Synod, shall, when entering on the dis- 



CONSTITUTION. 



69 



charge of his duties, take a dismissal from the judica- 
tory with which he is connected; aud on retiring from 
office shall be dismissed to such ecclesiastical judicatory 
as he may elect. 

Formerly, a professor was not required when entering 
upon the duties of his office to take a dismissal from the 
ecclesiastical judicatory of which he was a member. 
He was regarded as retaining a quiescent membership, 
so that on resigning his professorship, he was to be rec- 
ognized at once as a minister of the judicatory from 
which he had been called. The present rule allows him 
to choose the judicatory to which he is to be dismissed. 

ARTICLE IV. 

OF THE OFFICES OF ELDERS AND DEACONS. 

Sec. 1. The office of Elders is, in conjunction with 
the Ministers of the Word, to exercise Christian disci- 
pline, and to be careful that all things be done decently 
and in order; to take heed that the Ministers, together 
with their fellow Elders and Deacons, faithfully dis- 
charge their respective duties; and also, especially be- 
fore or after the Lord's Supper, as time and circum- 
stances permit, and as shall be most for the edification 
of the congregation, to assist in performing visitations, 
in order particularly to instruct and comfort the mem- 
bers in full communion, as well as to exhort others to the 
regular profession of the Christian religion. 

The government of the churches is committed to the 
ministers and elders. Spiritual interests are entrusted 
to them. On them rests the responsibility for means 
and agencies introduced to promote the purity and edi- 



70 



NOTES ON THE 



fication and spiritual prosperity of the congregation; 
and for the prohibition of unscriptural, unwise or dan- 
'gerous measures. 

The elders are to assist the pastor in systematic visita- 
tion of the congregation. The ancient custom was for the 
minister and an elder to do this in company, but that 
method is not required by this section. Whatever may 
be the method pursued, it is very desirable that more 
service of this sort than is usual should be rendered by 
the elders. Pains should be taken to elect men to the 
office who are qualified and willing to undertake this 
service, and who commend themselves by their conse- 
crated spirit rather than by their social position. 

It is also made the duty of an elder to call the atten- 
tion of a fellow elder or a deacon to any delinquency in 
the discharge of duties, of which he may be guilty. 
Such act should always be performed in a kind spirit 
and should never be resented. 

If an elder, deacon or member becomes liable to 
judicial discipline, the minister and elders constitute 
the court for the trial of the case. 

Nor does the minister's official position exempt him 
from watch and care on the part of the elders. On the 
contrary the duty of the elder to take note of his minis- 
ter's doctrine and manner of life is emphasized in the 
form for the ordination of elders as follows: " It is also 
their duty particularly to have regard unto the doctrine 
and conversation of the ministers of the word, to the 
end that all things may be directed to the edification of 
the church ; and that no strange doctrine be taught, ac- 



CONSTITUTION. 



71 



cording to that which we read (Acts xx.) where the 
apostle exhorteth to watch diligently against the wolves 
who might come into the sheepfold of Christ ; for the 
performance of which the elders are in duty bound dili- 
gently to search the word of God, and continually to be 
meditating on the mysteries of faith." 

While an elder is not to be encouraged in a captious 
and meddlesome habit of rinding fault with his minister, 
yet if an honest and faithful elder who truly loves his 
minister kindly calls his attention to what appears to be 
doubtful teaching or imprudence in conduct, or failure 
to perform some duty required of him by his call or by 
the word of God, he must not take it amiss, regarding 
it as an impertinence or insult. The old custom of 
handshaking on leaving the pulpit was not the ordinary 
social greeting but the expression of approval of the 
doctrine just preached. If an elder withheld his hand 
the opportunity was offered to the preacher to ask for 
the reason, and to make explanations and if possible 
remove misunderstandings instead of learning unfavora- 
ble criticisms through public rumor. Our churches 
might do a worse thing than to require their elders to 
occupy official seats, as is done in many churches, and 
to warn them that the shaking of hands with the 
preacher will be accepted by him as an endorsement of 
his doctrine and an estoppel of expressions of dissent 
from it made by the elders in public. 

The warrant for and the duties of the eldership are 
fully declared in the form for the ordination of elders 
contained in the Liturgy. 



n 



NOTES ON THE 



Sec. 2. The office peculiar to the Deacons is diligently 
to collect the alms and other moneys appropriated for 
the use of the poor, and, with the advice of the Consis- 
tory, cheerfully and faithfully to distribute the same to 
strangers, as well as to those of their own household, 
according to the measure of their respective necessities ; 
to visit and comfort the distressed, and to be careful 
that the alms be not misused; of the distribution of 
which they shall render an account in Consistory, at 
such time as the said Consistory shall determine, and in 
the presence of so many of the congregation as may 
choose to attend. Should more be collected than the 
necessities of the poor may require, such surplus may, 
with the consent of the Consistory, be devoted to other 
purposes, connected with the wants of the Church. 

The office of the deacon as such is confined to care for 
the poor. There have been times when the deacon's 
office was a very important and laborious one. When 
Protestant refugees flocked into Holland by the thous- 
and from France and other countries of Europe, the 
Church of Amsterdam gave through her deacons more 
money for their aid than was used for the support 
of the congregations. The first duty of the deacons is 
the collection of alms. In the " Order of Worship" we 
find " 9th. Collection of Alms," and in the last revision 
of the Liturgy it is " Offerings unto the Lord." In the 
olden times what was thus collected was put religiously 
into the Deacon's Fund, except what was occasional^ 
given for special objects. It may be doubted whether 
congregations are doing right in banishing alms from 
the ordinary worship while the name is retained in the 



CONSTITUTION. 



n 



order of services. Since few collections are made for 
this fund churches rarely can do much for the poor, and 
there is seldom a surplus in the deacon's fund. Should 
not deacons, when moneys are needed, resort to personal 
application or devise some other lawful means for ob- 
taining them ? The following charge is given to dea- 
cons at their ordination, "And ye deacons, be diligent 
in collecting the alms," which is hardly fulfilled by 
passing the plates on four Sundays during the year. In 
the form of ordination it is declared that they must "do 
their utmost endeavor that many good means be pro- 
cured for the relief of the poor." 

To the deacons also belongs the distribution of the 
alms. This is to be done with judgment and care, mak- 
ing examination of every case necessary ; also, person- 
ally for the deacons are charged " to visit and comfort 
the distressed" and to " administer relief to the poor 
not only with external gifts but also with comfortable 
words from Scripture." 

Originally, the deacons held meetings by themselves 
and keot minutes of their proceedings and accounts 
separately from the elders. 

Article 40 of the "Rules of Government of Dort " 
saj^s, " The deacons shall likewise meet together every 
week, in order to transact the business relating to their 
office; and shall open and close their meetings with 
prayer. The minister shall carefully inspect the pro- 
ceedings; and if necessary attend in person." The Lit- 
urgy contains "A Prayer at the Meeting of the Dea- 
cons." 



74 



NOTES ON THE 



Sec. 3. In all cases the Elders and Deacons shall be 
chosen from the male members of the Church, in full 
communion. 

Sec. 4. In forming new churches, the Elders and Dea- 
cons shall be chosen by the male communicants, and a 
neighboring Minister of the Reformed Church shall pre- 
side, and notice of the time and place of such election 
shall be published, at least two Sabbaths, in the church, 
or usual place of worship, previous to the election. 

It is to be regretted that more full and specific direc- 
tions about the forming of a church have not been 
given, especially in regard to the part to be taken by 
the classis. 

We find in the constitution only two places in which 
the relation of the classis to the forming of a church is 
spoken of, viz : 

Article VII. Sec. 2, in which the powers of a classis 
are enumerated, among which is "forming and dis- 
banding congregations. " 

Article VI. Sec. 3. "No consistory shall be consti- 
tuted without the previous advice and concurrence of 
classis." 

These sections contain general statements and not a 
single specific direction. The method of procedure is 
indicated by the section under consideration, and yet 
we will find that some things need to be done about 
which there are no written directions. 

1. The advice and concurrence of the classis have 
been sought and obtained. How has this been done ? 
Of course by means of a petition sent to that bod}^ 



CONSTITUTION. 



75 



signed by communicants of one or more churches ask- 
ing, not for the formation of a church, but that they the 
signers may be formed into a church. 

This petition does not forbid the presentation to the 
classis of documents signed by others, declaring their 
wish for a church and their readiness to support it. In 
short, it is right that by means of documents or oral 
statements on the floor of the classis full information 
should be given concerning the nature of the field, the 
need of a church, prospects of growth and support; in 
short, everything that may help the classis to come to a 
correct decision. 

2. The consent of the classis having been obtained, 
notice is given on two Sabbaths, in the place of worship, 
that at a certain time and in a designated place elders 
and deacons will be chosen by the male petitioners. 

3. The election is accordingly held, a minister of the 
Reformed Church presiding. It is not said by whom he 
is to be invited, and the question arises whether the 
election would be invalidated if he were invited by the 
petitioners themselves. A case of that kind has, proba- 
bly, never occurred. It is customary for the classis to 
appoint a committee to effect the organization, and the 
chairman who is a minister presides. A religious ser- 
vice, including preaching, is held which though not re- 
quired adds interest and solemnity to the occasion. The 
petitioners present their certificates by which they are 
dismissed for the purpose of forming the new church. 
The election is held and the result is declared. 

The question arises here, whether the persons who 



NOTES ON THE 



have been elected may be ordained at once, or whether 
there must be three usual publications of their names. 
It is difficult to find a good reason for departing from 
the general rule, since we have no hint that there may 
be special cases which are to be treated as exceptions. 
The committee may be sure that they are not proceed- 
ing disorderly if they defer the ordination until three 
publications have been made. They will then be pre- 
pared to make their report to the classis, which will 
place the newly formed congregation on the list of 
churches under its care. 

The question whether a classis or its committee has a 
right in forming a new church to admit persons to full 
communion and receive them as members of that church 
on confession of their faith is a very important practical 
one. In support of a negative answer the following 
considerations are adduced : 

1. The practice is a modern and unauthorized innova- 
tion. It was unknown to the fathers fifty years ago. 

2. The classis does not have an original right to do 
this; nor has such right been given to it by the consti- 
tution. In fact, a classis has no rights except those 
which the constitution declares to be such. 

3. It is a trespass on the prerogatives of the spiritual 
consistory composed of a minister, if there be one, and 
elders. It belongs to them to admit persons to full 
communion. There is no intimation that this may be 
done by a classis or its committee. 

4. It is unreasonable that a committee composed of 
officers in other churches should have authority to admit 



CONSTITUTION. 



77 



members to a church to which they do not themselves 
belong, and whose members are not to be under their 
watch and care. They might admit persons whom the 
newly-organized board of elders, knowing them better 
than they, would not have received. The practice is an 
infringement of the principle that every society must be 
the judge of the qualifications of its own members. 

5. It is unnecessary. It is hardly worth while to 
discuss the question whether something that is irregular 
may not be done under stress of extraordinary circum- 
stances occurring perhaps, once in a century in some in- 
accessible region. We cannot conceive of a condition 
of things as probable, in which it would be necessary 
for a classis to usurp the powers of the local eldership. 
When a classis grants the petition of a number of 
church members, asking that they may be formed into 
a church, it knows that there are sufficient materials for 
the making of a consistory. It is not a function of the 
classis to create materials. 

It will be said that there may be persons in the 
neighborhood, who are not communicants, who are 
greatly interested in the movement for the new church 
and desirous of becoming members in full communion 
at once. Two courses are open to them. They may 
either be received by the elders of the church which 
they have been accustomed to attend, and then join 
with the petitioners in obtaining certificates similar to 
theirs; or they may wait until the new church has been 
organized, and be immediately received by its elders on 
confession of faith. 



78 



NOTES ON THE 



It may be said that since the committee receives 
members by certificate there is no good reason why 
they should not receive them by confession also. But 
does the committee receive members by certificate as a 
board of elders does ? Has it any other function than 
to be present on an appointed time to see that the 
certificates of the petitioners are in order, that the 
election is rightly conducted, to attend in due time 
to the ordination of the officers, and finally to report to 
the classis ? The elders and deacons having been or- 
dained, the books of record are opened, and the peti- 
tioners are enrolled as members. 

Sec. 5. In churches already organized, the manner of 
choosing Elders and Deacons shall be as follows: — A 
double number may be nominated by the Consistory, 
out of which the members of the Church in full com- 
munion who shall have attained the age of eighteen 
years may choose those who shall serve; — or, all the 
said members may unite in nominating and choosing 
the whole number without a previous nomination by 
the Consistory ; — or, the Consistory for the time being, 
as representing all the members, may choose the whole. 
The result of such choice shall be published in the 
church, or usual place of worship of the congregation, 
three successive Sabbaths previous to their ordination, to 
the end that all lawful objections to such ordination 
may be offered to, and duly adjudicated by, the Con- 
sistory. But where either of these modes has for many 
years been followed in any church, there shall be no 
variation or change but by application of the Consistory 
or upon the application of a majority of the members of 
the Church to the Classis, and express leave first ob~ 
tained for altering such custom. 



CONSTITUTION. 



79 



The three methods of electing elders and deacons are 
described with sufficient clearness in this section. Each 
method has its merits and also its objectionable features, 
and the same may not be the best one for every congre- 
gation. A minister may have decided opinions about 
their comparative merits but he will be wise in not 
urging or even suggesting a change. He should let 
well enough alone. It will be time enough for him to 
take his stand on the subject when he is compelled to 
do so. 

To the first method of nomination by the consistory 
of a double number it may be objected that if all the 
members are to vote in the election, there is no good 
reason why they should not be allowed to participate in 
nominating; also that if the consistory is anxious for 
the election of certain persons, it may by nominating an 
equal number of men who are fit and who are unfit for 
the offices, virtually and almost surely control the 
election. Some risk is incurred by such procedure but 
as to damage to their reputations there is no risk, for it 
is certain to come and to remain. Also, half of the 
nominees must be defeated, and defeated candidates are 
often unreasonable and feel that they are ill-treated, 
and will never again allow their names to be placed on 
nomination. A certain important church recently, 
finding that it was impossible to fill vacancies occurring 
because the men best qualified refused for various 
reasons to be nominated, petitioned the classis for per- 
mission to adopt the third method by which elders and 
deacons elect their own successors. 



80 



NOTES ON THE 



To the second method, that of unrestricted nomina- 
tions, it may be objected that one who is ambitious to 
be made an elder or deacon, and therefore, presumably, 
is not the most fit man, might easily secure for himself 
not only a nomination but an election. Meetings for 
electing officers are usually attended by a small minor- 
ity of the members. It would be an easy task for one 
quietly to secure a majority vote, and treat the congre- 
gation to a surprise by his election. 

It is claimed for the third method that an election is 
by it quietly accomplished ; that it affords no oppor- 
tunity for party strifes, political tactics or any disagree- 
able and perhaps disgraceful proceedings which, though 
happily rare, are yet possible. 

The objections to this method are obvious and have 
often been heard. It is said that it is undemocratic, 
that it ignores the rights of the people, that it is a close- 
corporation plan, that elders and deacons reelect them- 
selves until death compels an occasional change; that 
there would be great gain in having the members to 
feel that they themselves are responsible for the men 
who have the rule over them. 

It ma}' be said that by the three publications required 
opportunity is given to any one to object to the ordina- 
tion of a person who has been elected, and that his 
objection must be noticed by the consistory. But it is 
very obvious that it is one thing to cast a secret ballot 
against a man, not because you have anything against 
him, but only because you prefer another, and quite 
another thing to present a formal public objection to a 



CONSTITUTION. 



81 



man on the ground of his belief or manner of life, 
which objection must be supported by valid proofs. 
Men are not usually in haste to express dissatisfaction 
in this manner. 

The conclusion to which it seems we ought to come is 
that the question of comparative merits of modes is not 
to be abstractly considered, but in the light of the 
history, situation and circumstances of particular con- 
gregations. If the time should come when in a par- 
ticular congregation there is a decided desire for change, 
this section describes the manner in which it may be 
brought about. 

It is worthy of enquiry whether an election by the 
members may not be conducted, if it be deemed expe- 
dient, without their coming together. Suppose that the 
consistory should make double nominations ; or that the 
members should from the pulpit be invited to send nomi- 
nations to the president of the consistoiy by a certain time ; 
that those nominations should be publicly announced, 
and notice be given that polls would be opened at a cer- 
tain place, day and hour, and remain open for a cer- 
tain length of time. The election would be under the 
supervision of a committee provided with a list of mem- 
bers entitled to vote, which committee would count the 
votes and report the result to the consistory. 

Probably such a method has never been followed in 
any one of our churches. It is suggested as a way of 
avoiding a public meeting if for any reason there should 
be a wish to avoid such meeting. 

As to woman suffrage in the election of elders and 

[6] 



82 



NOTES ON THE 



deacons, there is a diversity of practice. The practice 
of the churches generally has been against it until 
recent years. Some day we will have a decision on 
the complaint of some woman whose vote has been 
rejected. 

Sec. 6. The Elders and Deacons shall be chosen to 
serve two years, except in cases of vacancy occasioned 
by death, removal out of the congregation, resignation, 
or dismission from office by a judicial sentence of the 
Consistory ; in either of which cases, the person or per- 
sons chosen shall serve for the residue of the term 
only. 

The limited term of service to which elders and deacons 
are appointed was a feature of Continental as distinguish- 
ed from Scotch Presbyterianism. Calvin attached great 
importance to it. His conception of the duties of church 
officers was such that he thought that the burden should 
frequently be shifted from one to another. The Re- 
formed churches of France and the Netherlands adopted 
this feature. The American Dutch churches were un- 
der the rules of Doit and conformed their practice to 
article 27: "The elders and deacons shall serve two 
years and the one-half be changed annually, and others 
appointed in their room, unless the situation or advan- 
tage of some particular churches should otherwise 
require." 

On the other hand the Westminster Form of Govern- 
ment, Chap. xiii. Sec. 6, says: "The offices of elder 
and deacon are perpetual and cannot be laid aside at 



CONSTITUTION. 



83 



pleasure. No person can be divested of either office 
but by deposition." The Presbyterian Church in Amer- 
ica has lately amended this and allowed its congrega- 
tions to elect elders for limited terms of service. 

When a vacancy has been made, the place may be 
filled by one who shall be elected to complete the unex- 
pired term of service. 

Of the causes of vacancies mentioned there can be 
doubt about the meaning of only one, " removal out of 
the congregation." Dismission to another church must 
create a vacancy in office even if there be no formal 
resignation. But suppose that there is a removal of 
residence to some place outside of the bounds of the 
congregation, and a letter of dismission to another 
church is not taken, is the consistory justified in declar- 
ing the place vacant and in proceeding to elect a suc- 
cessor ? It seems as if a church should have that right, 
but it ought to be exercised prudently. There is no 
compulsion to declare and proceed to fill a vacancy in 
such a case. There may be circumstances that will 
make a consistory very loth to declare the office vacant. 
He who has removed may be a very valuable man ; he 
may not have gone very far, but may be able to occa- 
sionally attend services, and in some measure to perform 
the duties of his office. He does not wish to sever his 
connection nor does any one desire that he should. 

But the case is ver}^ different when it is of one whose 
services are not valuable ; who removes to a distance, 
and cannot even if well-disposed, perform the duties of 
his office even in part. He ought to be courteously 



84 



NOTES ON THE 



requested to resign and notified that unless he does, his 
place in the consistory will be declared vacant. It would 
be deplorable indeed if a church should be compelled to 
suffer because unable to fill what is an actual vacancy 
with some good man. 

Sec. 7. In order to avoid the inconvenience of an en- 
tire change at one time, the first Elders and Deacons of 
new congregations, shall, at the first meeting of the Con- 
sistory after their ordination, determine, by lot, who of 
their number shall serve one year, and who shall serve 
two years; so that one-half of the whole number of 
both Elders and Deacons may thereafter be elected an- 
nually. The same course shall be pursued in enlarging 
Consistories, so far as relates to the additional members. 
Elders and Deacons may be re-elected, but in such case 
need not be reordained. 

The classification directed in this section is wise, for 
it is made sure by it that half of the elders and deacons 
will consist of men who have already served one year, 
and who may be supposed to be familiar with the state 
of affairs in the congregation. 

A congregation has the right to increase the number 
of its elders and deacons at any time to any number that 
may be deemed expedient. 

The reordination of elders and deacons who are 
reelected though not required is generally practiced. 
It is the public ceremony of their appointment to official 
work, and so the repetition is not objectionable and it 
has its advantages. 



CONSTITUTION. 



So 



The principle of rotation should not be held by con- 
gregations to be imperative, so that a most valuable 
officer is never reelected but must give place to an in- 
ferior one because of the custom. The best men should 
be sought out for rulers, and often retained. 

On the other hand no congregation should so commit 
itself to the custom of reelecting as to exclude new men 
of standing or promise. It is well to introduce a fair 
proportion of comparatively young men, who may thus 
be trained for the greatest efficiency when the older men 
shall have passed away. 

The principle of term limitation commends itself by 
the following considerations: 

1. It affords relief. The duties may require much 
time and cause anxiety, and responsibilities are felt to 
be weighty, and men are often glad to be relieved. 

2. It affords ooportunity for securing the services of 
men of wisdom, experience and influence who have 
grown up in the congregation or who have come to it 
from other congregations. 

3. It gives to the largest number an interest in and 
familiarity with church affairs. Those who have been 
members of the consistory will not be apt to lose their 
interest in matters with which they have been officially 
connected, and they are likely to have charity for their 
successors. 

4. An unfit, troublesome or obstinate man may be 
removed simply by not reelecting him. Not being a 
subject for discipline he would if elected for life, re- 
main during life. 



86 



NOTES ON THE 



ARTICLE V. 

OF ECCLESIASTICAL ASSEMBLIES IN GENERAL. 

Sec. 1. The Ecclesiastical Assemblies which shall be 
maintained are : 

1. Consistorial. 

2. Classical. 

3. Sy nodical. 

For this system of graded ecclesiastical assemblies the 
authority of Holy Scripture is not claimed. We do not 
see it enjoined, nor do we find an example of it. We 
do learn from the New Testament that churches were 
gathered in various places over which elders were or- 
dained; that the qualifications of the elders are men- 
tioned ; and that praise was given to those who ruled 
well ; also that Timothy received a gift by the laying on 
of the hands of the presbytery. That is all of scrip- 
tural Presbyterianism of which we have knowledge. 

Possibly in the conference of the embassy from Anti- 
och to the apostles and elders at Jerusalem (Acts, ch. 
15) we may have the germ which under the law of edifi- 
cation has been developed into a system of graded 
assemblies such as we have. 

The " Churches under the Cross" must in some way 
have organized themselves according to the Genevan 
model. They chose and set apart to their work elders 
and deacons for themselves. In the synod or conven- 
tion of Wesel the importance of forming several neigh- 
boring congregations into a classis for the purpose of 
maintaining uniformity in doctrine and discipline, as 



CONSTITUTION. 



87 



well as for mutual help and edification was declared. 
The next synod held at Embden acting upon this sug- 
gestion formed seven classes; the next synod added 
seven to these; and the second synod of Dordrecht held 
in 1578 declared, "In order that good and lawful 
government may be established in the churches of the 
Netherlands, it is useful to have four ecclesiastical 
assemblies : First, a consistory in every congregation ; 
Second, the classical assembly; Third, the Particular 
Synod; Fourth, the General or National Synod." 

When the churches in America were formed into a 
denomination it was exactl} T after this model. We see 
no change except in the omission of the word "national." 
In article 38 of the Explanatory Articles we read as 
follows, and it must be noticed how carefully a claim 
for scriptural authority for these bodies is avoided : 

"The Reformed Dutch Church holds the middle 
station between two extremes. On the one hand she 
denies all superiority of one minister of Christ over an- 
other; and on the other considers independent, uncon- 
nected congregations as unsafe and inconvenient. In 
order therefore to unite both council and energy for the 
promotion of the spiritual interests of the church, con- 
sistent with the liberty and dignity of the Gospel dis- 
pensation, her government is administered by classes 
and synods." 

Sec. 2. In these assemblies, ecclesiastical matters only 
shall be transacted, and that in an ecclesiastical man- 
ner. A greater assembly shall take cognizance of those 



88 



NOTES ON THE 



things alone which could not be determined in a less, or 
that appertain to the churches or congregations in gen- 
eral, which compose such an assembly. 

An ecclesiastical matter is one pertaining to the 
church. What any one deems an ecclesiastical matter 
depends very much on his idea of the nature and proper 
sphere and functions of the church. Of course, neither 
the church invisible is intended, nor the Catholic church 
visible, but the denomination of Christians which is 
governed by the assemblies referred to. These assem- 
blies do not have the care directly of all human inter- 
ests. Like all other associations of people they have 
their specific aims and defined spheres and functions. 
The members of scientific and literary associations, and 
of corporations of all sorts may be deeply interested in 
various reforms in society and many other matters, and 
may work for them, who never think of asking a society 
or corporation to which they belong to endorse them ; 
nor would they favor such endorsement if proposed. 
There are a thousand agencies for the suppression of evil 
and promotion of good in the world for which the en- 
dorsement of ecclesiastical assemblies is not and ought 
not to be solicited, but which ministers, elders and 
members may favor, cooperating with other Christians, 
philanthropists and good citizens. If there were no 
limitation of this sort, this section would be useless. 
Just where to draw the line of limitation is the practical 
difficulty. Safety is found in never losing sight of the 
fact that churches exist for the promotion of man's 



CONSTITUTION. 



89 



spiritual welfare, and that the functions of all ecclesias- 
cal assemblies are limited accordingly, and are legitimate 
only within the bounds of law and order. 

Sec. 3. The transactions of all Ecclesiastical Assem- 
blies shall begin and conclude with prayer. 

The fact that a meeting of an ecclesiastical assembly 
has been opened and closed with prayer should be re- 
corded in the minutes, for these are examined by the 
higher body, and this omission is sure to be noticed. 

Sec. 4. Those who are delegated to attend the as- 
semblies shall be admitted on credentials, signed by 
those who send them ; and such only shall be entitled to 
a vote. 

Credentials may be presented in the form of a certifi- 
cate signed by the proper officials or by the production 
of the minute itself if the book of record be present. 
Delegates are usually appointed for a year to attend all 
stated and special sessions during that time. 

Sec. 5. In all assemblies there shall be a President 
and Clerk. The duty of the President shall be to state 
and explain the business which is to be transacted, to 
preserve order, and, in general, to maintain that decorum 
and dignity becoming a judicatory of the Church of 
Christ. The duty of the Clerk shall be to keep a faith- 
ful record of all the proceedings. 

It is not well for the minister to be both president 
and clerk. It may be sometimes necessary for him to 



90 



NOTES ON THE 



assist the clerk in putting the minutes into proper form 
and language, but they should be signed by another 
person as clerk who should also be custodian of the 
book. This is for the safety of the minister. 

Sec 6. A Classis has the same jurisdiction over a Con- 
sistory, which a Particular Synod has over a Classis, 
and the General Synod over a Particular. 

The nature of this jurisdiction is not clearly defined. 
It can only be defined by reference to the duties and 
prerogatives of these respective bodies as described in 
the constitution Art. vii. Sec. 2, Art. viii. Sec. 2, Art. 
ix. Sec. 4. 

Sec. 7. No member of an Ecclesiastical Assembly 
shall be allowed to protest against any of its acts ; any 
member who dissents from any such acts shall have a 
right to require the names of all the members present 
who vote for or against the same, to be entered in the 
minutes, and published therewith for the information 
of all concerned. 

A protest is thus defined in the rules for discipline in 
the Presbyterian Church, Chap, x: "A protest is a 
more formal declaration made by one or more members 
of a minority bearing testimony against what is deemed 
a mischievous or erroneous proceeding, decision or 
judgment; and including a statement of the reasons 
therefor. 

"If a protest or dissent be couched in decorous and 
respectful language, and be without offensive reflec- 



CONSTITUTION. 



1)1 



tions, or insinuations against the majority, it shall be 
entered on the records." 

On account of the liability of protesters to introduce 
offensive matter and use vituperative language, the 
right to protest is by our rules denied in all cases. But 
a dissenting minority is allowed to call for the ayes and 
nays and to have them recorded in the minutes. Rule 
10 of the Rules of Order of the General Synod is a 
repetition of this section, to which this sentence is 
added: "In other cases, the yeas and nays shall not 
be recorded unless on the demand of one-fifth of the 
members present." 

ARTICLE VI. 

OF CONSISTORIES. 

Sec. 1. The Elders and Deacons, together with the 
Minister or Ministers, if any, shall form a Consistory, 
and the Minister shall preside at all consistorial meet- 
ings; but, in the absence of a Minister, the Consistory 
may appoint one of the Elders to be their President 
pro. tern., and it shall be competent for the several Con- 
sistories to prescribe the mode and time of calling their 
meetings. If there be a plurality of ministers, they 
shall preside in rotation. 

Originally, the consistory was composed of the minis- 
ter and elders, the deacons constituting a separate body. 
Article xxvii. of the Explanatory Articles says : "The 
elders with the ministers of the word constitute what 
the Reformed Dutch Church properly calls the consis- 



92 



NOTES ON THE 



tory. But as the deacons have always in America where 
the congregations at first were very small, been joined 
with the elders, etc." This arrangement was made per- 
missible by Article xxxviii. of the Rules of Dort: 
" Where the number of elders is too small, the deacons 
may be admitted as members of the consistory." Their 
joint powers are described in the next section. 

If the minister be absent from a meeting of the con- 
sistory an elder may be appointed to preside. It is 
customary when a church becomes vacant, for the con- 
sistory to appoint one of the eiders president until a 
minister has been obtained. A minister who is serving 
a church as a stated supply may not preside in meet- 
ings of the consistory for he is not a member of the 
body. He has no place or vote in the meetings ; has no 
part in the admission of members, or in the administra- 
tion of discipline. He is employed to do a certain 
work, but not to take part in the government of the 
church. 

Sec. 2. When joined together in one Board, the 
Elders and Deacons have an equal voice in whatever 
relates to the temporalities of the Church, to the calling 
or dismission of a Minister, or the choice of their own 
successors; in all which they are considered as the gen- 
eral and joint representatives of the people. But in 
admitting members to full communion, and in dismiss- 
ing them to other churches; in exercising discipline 
upon those who have erred from the faith, or offended 
in morals; and in choosing delegates to attend the 
Classis, the Elders, with the Ministers, have alone a 
voice. 



CONSTITUTION. 



93 



The consistory composed of the minister, elders and 
deacons acts as a board of trustees having charge of all 
the temporalities of the congregation. The pastor can- 
not relieve himself of his responsibility for his share as 
a trustee in their management. He cannot devote him- 
self exclusively to spiritual matters any more than his 
fellow trustees. The election of elders and deacons to 
their respective offices carries with it the appointment to 
trusteeship unless the law of the state, which cannot be 
safely disregarded, should require a separate election of 
trustees. Where that is the case it would be wise for 
congregations to elect as trustees, the persons who have 
been made elders and deacons. 

In 1784 the legislature of the state of New York 
passed an act entitled "An act to enable all the reli- 
gious denominations in this state to appoint trustees 
who shall be a body corporate for the purpose of taking 
care of the temporalities of their respective congrega- 
tions, and for other purposes therein mentioned." This 
act interfered, so clearly and unnecessarily, with the 
established practice of the Dutch churches that Dr. 
Livingston made a zealous, persevering and successful 
attempt to obtain such a modification of the act as 
would secure the exemption of the Dutch congregations 
from its operation. 

In 1786 it was enacted by the legislature "that the 
minister or ministers, and elders and deacons, and if 
during any time, there be no minister then the elders 
and deacons, during such time, of every Reformed 
Protestant Dutch Church, or congregation, now or here- 



94 



NOTES ON THE 



after to be established in this state, and elected accord- 
ing to the rules and usages of such churches within this 
state shall be the trustees for ever}' such church or con- 
gregation."* 

This feature of our government is thought to be one 
of peculiar excellence. A board of trustees is often 
largely composed of men who while they may be good 
business men, yet make no profession of spiritual reli- 
gion, and cannot be in sympatic with the object for 
which alone a church is established. It is liable to 
stand in the way of measures which the spiritual rulers 
believe to be of the greatest importance for the spiritual 
interests of the congregation. In cases in which expen- 
ditures of money are required to carry on the true work 
of the church the trustees may be an effectual hindrance 
by their refusal to authorize needed appropriations. The 
temporal and spiritual interests of a congregation can- 
not be sharply separated as belonging to different 
spheres. The former are subordinate to the latter; they 
are means to an end. 

It is claimed that a church should, as it is expressed, 
be ' ' run on business principles. " That is very true ; but 
it does not follow that it is therefore necessary to call in 
worldly men and to give them authorit} 7 , however wise 
it may be to consult them. It is a patent fact that suc- 
cessful men of business are often so absorbed by their 
own matters, which they conduct carefully and success- 
fully, that they are either careless and reckless or fatally 
conservative in the management of church affairs, as 

* Gunirs Life of Livingston, p. 287. 



CONSTITUTION. 



95 



well as in affairs of other societies of which they are 
trustees. Occasionally one may be found who takes 
pleasure in an offensive assertion of authority. 

Besides, the business matters of a congregation are 
exceedingly simple. There is no occasion for making 
a great ado about them. The chief qualifications of a 
trustee are common sense and a good conscience. Where 
these are possessed, there will be deliberation, looking 
at a proposed measure from all points of view, knowl- 
edge of resources, and of existing and proposed ex- 
penditures, skill in providing means, and resolute de- 
termination not to incur expenditures for which 
resources are not in hand or reasonably in prospect. 
A church ought to be ashamed to confess the inability 
of its members to manage its temporal affairs. It is 
also suspected that what are vaunted as business prin- 
ciples may be principles that are to be carefully avoided. 

Our method has worked well with us and rarely has a 
congregation desired to change it. Occasionally, one 
has tried the experiment. It has been successful for a 
season, but it is believed, that in most cases, there has 
been a glad return to the old usage. It is an open 
secret that very many of our Presbyterian brethren 
attribute most of the troubles in their congregations 
to the fact that they have boards of trustees apart from 
the church sessions. One of them has written as follows : 

" Many a sad instance might be told in which a con- 
flict between the session and the board of trustees lias 
ruined a flourishing church. This is a great fault in 
American Presbyterianism. The board of trustees has 



96 



NOTES ON THE 



certainly no authority in the Bible or the Presbyterian 
standards. The Reformed churches have a better wa} T . 
The elders and deacons together constitute the consis- 
tory and the pastor is the executive head. In this way 
there is unity, cooperation and efficiency. We doubt, 
whether it is practicable at present to do away with the 
American system of trustees, which has indeed, some 
advantages. There is a distribution of labor between 
the three bodies, elders, deacons and trustees. But 
we plead for some general body like the consistory, in 
which they may all come together with the pastor, so 
that there may be unity and harmony ; that there may 
be no friction, but greatly increased efficiency. This 
might be done by a very easy amendment of our form 
of government, introducing the consistory, and defining 
its position and powers."* 

A church should immediately after its formation be- 
come incorporated according to the laws of the state, 
so that the consistory may have a standing in law as a 
board of trustees. The process is usually a very simple 
one, requiring only the placing of the church on the 
public records under a general act of incorporation of 
religious bodies. 

In addition to the care of the temporalities, the elders 
and deacons have an equal voice in the calling and 
dismission of a minister and in the election of their 
own successors. But the deacons have no voice in ad- 
mitting or dismissing members, in exercising discipline 
or in choosing delegates to the classis. 

* Prof. C. A. Briggs, D.D. in the New York Evangelist, July 25, 1S88. 



CONSTITUTION. 



97 



In order to prevent misunderstanding and confusion, 
the elders should meet by themselves for the exercise of 
their exclusive functions. Two separate books of record 
should be kept, one for recording the acts and proceed- 
ings of the consistory, and the other for recording the 
acts and the proceedings of the elders when meeting 
separately. 

Sec. 3. No Consistory shall be constituted in any 
place without the previous advice and concurrence of 
Classis. 

Sec. 4. A majority of the Consistory, regularly con- 
vened, shall be a quorum for the transaction of busi- 
ness; and, in like manner, a majority of Ministers and 
Elders alone, or of Deacons alone, so convened, shall be 
a quorum respectively. It shall be the duty of the 
Consistory, when an election shall have been omitted at 
the usual time, to appoint another time for that pur- 
pose, on an early day, giving the like notice as herein 
above prescribed; and, in like manner, to provide for 
filling vacancies. 

On Sec. 3 see comment on Art. iv., Sec. 3. 

The consistory being convened for the transaction of 
their legitimate business as trustees, a quorum may 
be composed of the minister and all the elders without 
the presence of a deacon, or of all the deacons without 
the presence of an elder. Separate meetings of deacons 
are implied in the rule concerning a quorum of deacons 
when convened as such. Elders and deacons whose 
terms of office have expired hold over until successors 
have been inducted into their places. Nevertheless, a 
[7] 



98 



NOTES ON THE 



congregation is greatly at fault which does not heed the 
admonition to appoint an earl} 7 day for an election to 
fill a vacancy or vacancies, no matter how created. 

Sec. 5. As the spiritual government of the congrega- 
tion is committed to the Ministers and Elders, it is their 
duty at all times to be vigilant, to preserve discipline, 
and to promote the peace and spiritual interest of the 
congregation. Particularly before the celebration of 
the Lord's Supper, a faithful and solemn inquiry is to 
be made by the President, whether, to the knowledge of 
those present, any member in full communion has de- 
parted from the faith, or in walk or conversation has 
behaved unworthy the Christian profession ; that such 
as are guilty may be properly rebuked, admonished, or 
suspended from the privilege of approaching the Lord's 
Table, and all offenses may be removed out of the 
Church of Christ. 

The enquiry enjoined in this section is known as the 
" Censura Morum" which has been substituted for the 
visitation anciently practiced in the churches of the 
Netherlands. During a fortnight before the adminis- 
tration of the Lord's Supper, the elders were accustomed 
to visit all the communicants and to report those w T ho 
were found to be in any way walking unworthily. 
Public admonition was administered in cases deemed 
worthy of it. The "solemn enquiry" which must now 
be made of every elder should not be looked upon as a 
mere matter of form. It is a most wise and salutary 
regulation, and if conscientiously heeded must be pro- 
motive of the purity, edification and peace of the con- 



CONSTITUTION. 



99 



gregation. It is far better that the elders should be 
required to watch over every individual member and 
give friendly warning and advice when needed, than to 
wait for serious accusations to be made by others, which 
accusations may never be made, and thus souls be 
allowed to go, uncared for, down to destruction. 
The following suggestions are submitted : 

1. Elders should have a true conception of their 
position and duties, and realize their responsibilities. 
In all that concerns watch, care and discipline they are 
on an equal footing with the minister. Each one of 
them has one vote and the minister has no more. 

2. Elders should be afforded every facility for becom- 
ing acquainted with all the members of the flock. Let 
every one of them be provided with a complete list of 
the members, written or what is better, printed. This 
should be studied by them ; it should be brought by 
them to their meetings so that it may be made complete 
to date by the addition of the names of new members, 
and by the erasure of the names of those who have died 
or been dismissed to other churches. 

3. Let the names on the list be read and a pause 
made whenever a name is reached about which it is 
presumed that a question will be raised. At such places 
the "solemn enquiry ? ' may be made. And then, it 
will not be a strange thing, if an elder should express 
his surprise on learning that such an one is a member 
of the church. This is inevitable in the case of a newly 
elected elder who has come from some other, perhaps 
distant church. He cannot be expected to know the 



100 



NOTES ON THE 



members of the church in which he has just become a 
ruler. This reading of the list will be a great help to 
him and to the others as well. 

4. Prompt attention should be paid to the beginnings 
of careless habits, and to incipient lapses, so that down- 
ward courses toward backsliding and scandalous sins 
may be arrested, and judicial discipline may be pre- 
vented. Such discipline should in such cases be the 
last resort after patience in the use of kind, official and 
unofficial admonition has been exhausted. 

5. Perhaps it would work well in some congregations 
to arrange the members into as many divisions as there 
are elders, for special oversight ; this arrangement being 
not intended to remove from any one elder his respon- 
sibility for the care of the whole number. 

6. If because of suspicions excited, one is admonished 
not to come to the table of the Lord, his case should be 
fully investigated at once. 

Sec. 6. None can be received as members in full 
communion, unless they first shall have made a con- 
fession of their faith before the Minister (if any) and 
the Elders, or have produced a certificate of their being 
members in full communion of some Evangelical Church ; 
all such shall be published to the congregation, and be 
registered as regular members in the Church. 

Members are received to full communion by the 
minister and elders when convened in regular session. 
They may not be received on a report of the minister 
and without personal attendance except in circum- 



CONSTITUTION. 



101 



stances that make such attendance impracticable. The 
elders should have opportunity to propose questions in 
every case. The personal knowledge of an elder con- 
cerning persons may often be of importance. Members 
are received in two ways : 

1. By confession of faith. 

The favorable decision of the elders is based not on 
the assurance of the regenerated state of the applicant, 
but on the credibility of his confession. This is deter- 
mined by a knoivledge of the fundamental truths of the 
Gospel as they are set forth in the "Compendium of 
the Christian Religion" ; by profession of an experience 
of their power ; and by a purpose to lead a Christian 
life, and promise to submit to Christian discipline. In 
judging of a confession of faith, the two extremes of 
strictness and laxity should be avoided. There should 
always be a leaning to charity, for God only can read 
the heart. Where there is a satisfactory confession, 
tender years should not be made a barrier to admission. 
There occur cases in which a temporary probation is a 
prudent measure. 

2. By certificates of dismission from evangelical 
churches; by which is meant churches which believe in 
the deity and mediatorial work of Christ, and of the 
renovating work of the Holy Spirit, etc. Elders are 
not compelled to receive every good certificate from 
evangelical churches, including churches of our own de- 
nomination. Ever} 7 society is judge of the qualifica- 
tions of its members. As the elders sit in judgment on 
a confession so they do on a certificate, and they are 



102 



NOTES ON THE 



certainly not compelled to receive the certificate of one 
whom they would not receive on confession. It may be 
that a consistory is glad to dismiss a member who ought 
to be disciplined, but they have no right to send him to 
another church ; or one who is troublesome and a pro- 
moter of discord. The elders of the church to which 
he is dismissed may be cognizant of the facts, or know- 
ing the man personally they may feel convinced that 
his admission would be a detriment to the congregation. 
They do not by their refusal take away his rights or 
privileges as a church member, for he remains in con- 
nection with his own church until he has been received 
by another. 

At least one case has occurred in which the elders 
have been sustained by the classis (New Brunswick) in 
their refusal to receive a certificate, complaint having 
been made by a dissenting elder. Of course, the per- 
son whose certificate was refused had no ground for 
complaint. 

Sec. 7. In every congregation, a distinct and fair 
register shall be preserved by the Minister, of every 
baptism and marriage there celebrated, and of all who 
are received as members in full communion. It shall 
be the duty of the several Consistories to make a sta- 
tistical report to the Classis at their meeting immediate- 
ly preceding the annual meetings of the Particular and 
the General Synod, according to such formula as the 
General Synod shall prescribe, and accompany the same 
with such remarks on the spiritual state of the congre- 
gation as they may deem proper. 



CONSTITUTION. 



103 



The names of all who have been received to full com- 
munion whether on confession or by certificate should 
be placed by the clerk on the minutes of the meeting 
at which they were received. In every case the maiden 
names of wives and widows should be given. 

Besides this, it is the duty of the minister to keep a 
record of communicants, and this should be done with 
the umost care. He too should record the maiden names 
of women who have been married, and when one enters 
the married state to note the fact on the record. 

It is well to keep a chronological and also an alpha- 
betical record. The former will enable the minister to 
see readily how many and who, and how, that is, whether 
on confession or by certificate, members were received 
at any date. The latter will enable him to turn at once 
to the name of any communicant about whom informa- 
tion is desired. In this record all changes made by 
marriages, dismissions or deaths should be promptly 
noted, and also any facts deemed worthy of notice. 

The baptismal record is kept by the pastor. When 
infants are baptised, the maiden name of the mother 
should be recorded; also anything worthy of notice con- 
nected with the baptism. 

The minister also keeps a record of all marriages 
solemnized by him. In marrying persons he should be 
careful to comply with all the conditions required by 
the statutes of the state. Penalties are incurred by the 
violation of them and ought to be inflicted. A duty by 
no means to be neglected is to make report of the mar- 
riage in due form and within a prescribed time to the 



104 



NOTES ON THE 



clerk of the city or county, or such other official as has 
been appointed to receive it. 

These records all belong to the consistory and are 
to be left with it on the pastor's removal. 

A record of deaths, though not required ought to 
be kept, and also left with the consistory. 

It is suggested that the minister record the marriages 
and deaths in a separate book for himself. He will 
refer to it with interest in subsequent years, and also 
be able often to give information to parties seeking it. 

The minister will also do a good service by keeping a 
journal of events occurring in the congregation whether 
of great or little importance. Such journal will be in- 
valuable to the preacher of a historical sermon on some 
future anniversary. 

The annual report of the consistory referred to, must 
be formally adopted by that body, recorded in its min- 
utes, and then sent to the classis. Unless so adopted, 
the minister has no right to present to the classis a 
paper purporting to be a report of the consistory. 

Sec. 8. Every Consistory shall keep regular minutes 
of its meetings and proceedings, and shall lay such 
minutes, so far as the same relate to ecclesiastical pro- 
ceedings, at least once a year, before the Classis with 
which it is connected, for their information. 

Ecclesiastical proceedings are those that relate to the 
government of the church as such, and especially to 
cases of discipline and to acts bearing directly on the 
spiritual interests of the congregation. Information is 



CONSTITUTION. 



105 



thus given to the classis on matters which it is the pro- 
vince of that body to review, to criticise and to take 
action upon. 

It is not required, nor is it desirable to inform the 
classis about the temporalities, the management of 
funds, etc. 

Hence it seems that the requirement of this section 
is met when the minutes of the meetings of the elders 
held without the deacons are laid before the classis. 

Sec. 9. It shall be incumbent upon members of the 
Church, in removing from the bounds of one church to 
another, to obtain from the Consistory a certificate of 
membership and dismission. 

1. If it is incumbent on members when removing 
from a congregation to ask for certificates of dismission, 
it is equally incumbent on consistories to grant them 
readily. They should advise and urge them to take their 
certificates and unite with churches in the vicinity of 
their new homes as soon as possible. This course is 
best for the interest of all parties, although the number 
of names on the record be diminished. Neglect of this 
results in a consciousness that one has no church 
home, no church care; hence indifference, in many 
cases abandonment of church ordinances and conse- 
quent deterioration of Christian character, often en- 
trance on vicious courses. A minister by attending to 
this matter, and also by following absent members with 
persistent correspondence will seriously diminish the 
evil. 



106 



NOTES ON THE 



There may be exceptional cases, as of a valued elder, 
removing to no great distance, yet not near to a church 
of our denomination whose services in the higher assem- 
blies it is desirable to retain. There have been cases 
of this sort in which the desire to remain in one's old 
connection has been seconded by an equally strong de- 
sire on the part of ministers and elders that he should 
so remain. 

2. It is not well to give certificates that are not ad- 
dressed to any particular church, but in general to any 
Christian church to which they may choose to present 
them. If they know not with what church they will 
prefer to unite, let them first remove and then decide 
and make their application. Wherever there is a 
church a post office will be found. 

3. It is an excellent plan to attach a return coupon 
to the certificate, declaring that the person has present- 
ed it and has been duly received ; this to be returned to 
the church from which he has been dismissed. This is 
important in view of the fact that the receipt of a cer- 
tificate of dismission by a member does not sever his 
connection with his church ; that remains until he has 
been received by the church to which he has been dis- 
missed. The general use of certificates of reception 
would tend to decrease the number of members who 
have been dismissed, but of whose ecclesiastical rela- 
tions the consistory that dismissed them has no knowl- 
edge. 

4. The " form of certificate of dismission of church 
members," certifies not only that the member is dis- 



CONSTITUTION. 



107 



missed, but that he is "affectionately recommended" 
to " Christian fellowship and confidence." For the re- 
lief of the consciences of elders at times, it is well to know 
that a simple certificate of dismission without a recom- 
mendation is valid and is all that any one can claim. 
This has been so determined by the General Synod in 
cases of complaint that have been brought before that 
body. It is suggested that in order to avoid misunder- 
standings and hard feelings, churches should in all cases 
simply dismiss and not recommend. If a minister 
wishes specially to recommend a departing member it 
can be done by a private letter. (Minutes of General 
Synod, June, 1868.) 

5. The dismission of a member is an act of the con- 
sistory (of elders). Every certificate is signed by the 
president, " by order of the consistory." Therefore he 
should never take the responsibility of certifying to that 
which is not a fact. Ministers have been known who 
have never brought an application for a certificate before 
the elders, but who have at once given a certificate when 
applied for signed " by order of the consistory." Some- 
times a member comes to his pastor toward the close of 
the week and says that he must have a certificate before 
the next Sunday, for on that day the Lord's Supper is 
to be observed in the church to which he desires to be 
dismissed. The minister straightway gives him the de- 
sired certificate. Is it not better that he should inform 
the applicant that it is not a case of life and death ; 
that he will be invited by that church to commune and 
may do so ; that he, the pastor, has no authority to dis- 



108 



NOTES ON THE 



miss any one; that the consistory will meet in a few 
days and that he will present his application which will 
doubtless be granted. Thus all things will be done 
decently and in order, and no one be harmed. 

6. A member who is in good and regular standing 
ecclesiastically, that is, one against whom no charges 
have been formally brought is entitled to receive a cer- 
tificate of dismission if he asks for it. If not granted, 
the proper investigation must be made and steps of 
discipline taken. 

Sec. 10. Consistories possess the right of calling- 
Ministers for their own congregations, except where 
otherwise provided for by charter. But, in exercising 
this right, they are bound to use their utmost endeavors, 
either by consulting with the Great Consistory or with 
the congregation at large, to know what person would 
be most acceptable to the people. 

The consistory is chosen to act for the people as legis- 
tures do for the people of the states and congress for 
the people of the nation. It makes or declines to make 
a call on any particular person to be pastor. 

The consistory is however, not to act without regard 
to the sentiment of the people. On the contrary it is 
required to take pains to ascertain the preference of the 
people, but no method for this has been prescribed. 
The consistory must use its judgment in this matter. It 
must be understood that whatever method or methods 
may be pursued, the final determination rests with the 
consistory after the desired information has been obtained. 



CONSTITUTION. 



109 



1. By consulting the great consistory. This is an ad- 
visory body composed of those who have held the office 
of elder or deacon, but who are not acting members of the 
consistory at the time. In churches where the habit is, 
not to allow their elders and deacons to serve two terms 
in succession, the great consistory may be a consider- 
able body, and their advice valuable. In churches 
accustomed to reelect, the great consistory, if there be 
any, will be of little account. 

2. By calling a meeting of the members of the con- 
gregation. This is a common method but often very 
unsatisfactory and attended with great risk. Owing to 
culpable indifference or unwillingness to take responsi- 
bility or for other reasons, comparatively few persons 
usually attend a congregational meeting appointed for 
this or any other purpose, unless some exciting question 
is to be considered and parties have been formed. In 
such circumstances mischief may be expected from such 
a meeting. Many questions also arise which are not 
easy of solution as, who are entitled to vote, whether 
communicants only or also supporters of the church 
male or female. If it be said that the rule followed in 
elections of elders and deacons should be followed in 
the election of a minister, it may be replied that this is 
not an election for a minister. It is a meeting called by 
the consistory for consultation and is in the line of 
" utmost endeavors" on their part to learn who would 
be most acceptable to the people. A majority vote in 
such a case is not a vote of instructions which the con- 
sistory is bound to obey. Nor is this a meeting recog- 



110 



NOTES ON THE 



nized by the constitution and to be conducted according 
to constitutional provisions. If the consistory wish to 
know the opinion of non-communicant supporters, 
there seems to be nothing to hinder them from asking 
for them. A practical difficulty is found in the fact 
that it is commonly thought by the people and even by 
the consistories, that a majority vote of a congregational 
meeting, small or large, settles the question, and that a 
consistory is obliged to act accordingly. Consider two 
cases of which the writer has personal knowledge. The 
members of the consistory of a certain vacant church 
were unanimously in favor of calling a most excellent 
man, and they presumed that the people thought as 
they did. A congregational meeting was called, and to • 
their surprise in a small assembly, which was called a 
meeting of the congregation, another man received a 
majority of the votes. The consistory thought that they 
were compelled to call him and did so reluctantly, and 
brought disaster on the congregation. The consistory 
of another church being unanimously opposed to one 
who received a majority vote of the people assembled, 
declined to make out a call for him, on the ground that 
not they only, but the best part of the congregation was 
strongly opposed to the man. There was at first a rip- 
ple of dissatisfaction, but the consistory was justified 
by the result. 

It is the duty of a consistory to look at other things 
than the vote of a congregational meeting. They not 
only may but ought to enquire whether the people have 
been fairly represented in the meeting. Votes should 



CONSTITUTION. 



Ill 



be weighed as well as counted ; a minority may be of 
vastly more account than the majority. Combinations 
may have been formed of not the best elements, and 
many other things may require consideration. On the 
whole, a consistory is wise that seeks to "know what 
person would be most acceptable to the people," by 
other means than by a public meeting and a majority 
vote. 

3. By making a thorough canvass of the congrega- 
tion. Sometimes, in congregations where the salary 
and other expenses are raised by subscription, a paper 
is circulated, and if the subscriptions are sufficient and 
heartily made, it is concluded that the person in ques- 
tion is the one that is " acceptable to the people." 
Certainly no better proof could be given. In the same 
way, where no subscriptions are sought for, the people 
might be personally visitei and their sentiments be 
ascertained. And it is well to note public sentiment as 
expressed on the streets, in places of business and 
wherever people do congregate. 

What has been said about meetings of the congrega- 
tion is not intended to encourage consistories to disre- 
gard the wishes of the people about the choice of a min- 
ister. They are charged to use their utmost endeavors 
to ascertain those wishes. Our intention is only to 
show that their wishes can be better learned in other 
ways than by public meetings. 

A consistory should be very careful to examine into 
the antecedents- of a minister whom they propose to 
call, and not be in haste to call one who has captivated 



112 



NOTES ON THE 



the people by two or three eloquent sermons. Such 
sermons are easily procured. Enquiry should be made 
into his doctrine, manner of life, methods of work, suc- 
cess in winning souls, and in edifying God's people. 
Care about these things would have saved many a con- 
gregation from a bitter experience. 

Sec. 11. A Minister of the Classis must be invited to 
superintend the proceedings, whenever a Consistory is 
desirous of making a call. The instrument is to be 
signed by the members of the Consistory, or by the 
President in the name of the Consistory; and if the 
Church be incorporated, it is proper to affix the seal of 
the corporation. When the call is completed, it must 
be laid by the Consistory before the Classis, and be ap- 
proved by the same, before it can be presented to the 
person called; and if the call be accepted, the name of 
such Minister shall be published in the church three 
Sabbaths successively, that opoortunity may be given 
for stating lawful objections, if any there be. When 
any circumstances shall, in the judgment of the Consis- 
tory, make the presiding of their own Minister at its 
sessions undesirable, they may, on the request of their 
pastor, invite a Minister of their own Classis to preside 
on the occasion. 

There is nothing in the first part of this section that 
needs explanation. It will be noticed that a call cannot 
be put into the hands of the person called before it has 
been submitted by the consistory to the classis for ap- 
proval and it has been approved by that body. There 
may be, and usually is, a conditional agreement between 
the consistory and the person called, to the effect that 



CONSTITUTION. 



113 



he will accept the call if it should be approved, the con- 
ditions having been made known to him. The three 
required publications of his name should not be made 
before the call has been presented to him by the classis 
and accepted by him. Circumstances might otherwise 
occur that would be very embarrassing to all parties 
concerned, the classis, the congregation and the man 
himself. 

The closing sentence of the section seems to be irrele- 
vant, and as if it had been inadvertently placed there. 
It ought to have been numbered as a section by itself. 
In certain situations it is manifestly improper and un- 
desirable for the pastor to preside in a meeting of 
the consistory, especially in cases of discipline in 
which he is personally involved. The insertion of 
this provision was suggested by a case of discipline of a 
member on a charge of having slandered the pastor. 
It was rightly deemed that the minister ought not to be 
the presiding judge in what was virtually his own case. 
It is presumed that a minister thus invited is merely to 
preside, but has no vote inasmuch as he is not a mem- 
ber of the court. 

Sec. 12. For the purpose of uniformity, the form of 
a call shall be as follows : 

"To N. N. 

' ' Grace, Mercy and Peace; from God our Father, and 
Jesus Christ our Lord. 

" Whereas, the Church of Jesus Christ at , is at 

present destitute of the stated preaching of the Word, 
and the regular administration of the ordinances, and is 
[8] 



114 



NOTES ON THE 



desirous of obtaining the means of grace, which God 
hath appointed for the salvation of sinners, through 
Jesus Christ his Son : And whereas, the said Church 
is well satisfied of the piety, gifts, and ministerial qual- 
ifications of you, N. N., and hath good hope that your 
labors in the Gospel will be attended with a blessing: 
Therefore, we (the style and title of the said Church) 
have resolved to call, and we hereby solemnly, and in 
the fear of the Lord, do call you, the said N. N., to be 
our pastor and teacher, to preach the Word in truth and 
faithfulness, to administer the holy Sacraments agree- 
ably to the institution of Christ, to maintain Christian 
discipline, to edify the congregation, and especially the 
youth, 03^ catechetical instructions; and, as a faithful 
servant of Jesus Christ, to fulfill the whole work of the 
Gospel ministry, agreeably to the Word of God, and the 
excellent Rules and Constitution of our Reformed 
(Dutch) Church, and to which you, upon accepting the 
call, must with us remain subordinate. 

" In fulfilling the ordinary duties of your ministry, it 
is expressly stipulated, that, besides preaching upon 
such texts of Scripture as you may judge proper to 
select for our instruction, you also explain a portion of 
the Heidelberg Catechism on the Lord's Days, agreea- 
bly to the established order of the Reformed (Dutch) 
Church; and that you farther conform in rendering all 
that public service which is usual, and has been in con- 
stant practice in our congregation. The particular ser- 
vice which will be required of you is {here insert a 
detail of such particulars, if any there be, which the 
situation of the congregation may render necessary ; 
especially in case of combinations, when the service re- 
quired in the respective congregations must be ascertain- 
ed ; or when the Dutch and English languages are both 
requisite, the proportion of each may be mentioned or 
left discretionary, as may be judged proper). 



CONSTITUTION. 



115 



" To encourage you in the discharge of the duties of 
your important office, we promise you, in the name of 
this Church all proper attention, love, and obedience in 
the Lord ; and to free you from worldly cares and avoca- 
tions, while you are dispensing spiritual blessings to us, 
we (the Elders and Deacons, etc., the style and title of 
the Church) do promise and oblige ourselves to pay to 

you the sum of , in payments, yearly, and 

eveiy year as long as you continue the Minister of this 
Church, together with (such particulars as may refer to 
a parsonage or other emoluments). For the perform- 
ance of all of which, we hereby bind ourselves, and our 
successors, firmly, by these presents. The Lord inclines 
your heart to a cheerful acceptance of this call, and 
send you to us in the fullness of the blessing of the 
Gospel of peace. 

" Done in Consistory, and subscribed with our name 

this day of , in the year of . " 

Attested by N. N. , Moderator of the call. 

There was no prescribed form of a call until the 
adoption of the Explanatory Articles, when the one con- 
tained in this section was made a part of the constitu- 
tion. (Art. xxxvi.) The calls previously made varied 
greatly. Many old calls were curiously minute in enu- 
merating the duties of both minister and congregation. 
Now calls differ from each other in details that belong- 
especially to the particular congregation. Not only is 
the consistory that makes the call bound by its terms 
but also its successors. 

The call is a contract in law and subject to all the 
conditions of such contracts. If the minister fails in 
the performance of any duty to which he is bound by 



116 



NOTES ON THE 



his contract, he loses his claim for salary. He cannot 
recover anything by means of a suit at law. The con- 
sistory is released from pecuniary obligation. 

He who receives a call should carefully consider every 
requirement that is made of him by it. If he cannot 
comply with the requirements, it is his duty as an honest 
man to decline it. The notion that a call is a mere 
form, except in the matter of payment of promised 
salary, is to say the least demoralizing. 

It would be an excellent thing to read a call in full to 
the congregation after it has been made, so that they 
may learn what are its contents. Rarely do people 
know what is required of their minister, or what the 
consistory have obligated themselves to do for him, ex- 
cept it be the amount of salary promised. About that 
they make sure that the congregation shall become in- 
formed. 

Sec. 13. Since it is deemed of the highest importance 
that there should be regular instruction on the great 
articles of the Christian faith, in order to preserve the 
truth, and to promote the prosperity of the Church, 
every Minister shall, in the ordinary morning or after- 
noon service on the Lord's Day, explain the system of 
the Christian doctrine comprehended in the Heidelberg 
Catechism adopted by the Reformed Churches, so that, 
if practicable, the explanation may be annually com- 
pleted, but shall never be extended beyond the term of 
four years. The several Classes shall, at their stated 
meetings, preceding the annual meeting of General 
Synod, make strict inquiry whether the preceding part 
of this section has been fully complied with by every 



CONSTITUTION. 



117 



Minister, and if any Minister shall be found deficient, 
without sufficient reason, the Classis shall inflict such 
censure as they in their wisdom may judge the omission 
to merit ; and the several Classes shall make a full and 
faithful report of the result of their inquiries and doings 
on this behalf to the Particular Synod. 

This section contains the requirements in regard to 
the explanation of the Heidelberg Catechism from the 
pulpit, and the reasons why this is deemed of the high- 
est importance. In accordance with this it is placed in 
the minister's call as a special duty enjoined, and which 
by his acceptance he promises to perform. 

The manner in which this explanation is to be made 
every minister must determine for himself. Overtures 
are occasionally sent to the General Synod asking for 
relief from the requirement, or for a modification or 
explanation of it; but it should be understood that the 
General Synod can do nothing in the matter except in 
the way of recommending an amendment of some sort 
to the constitution. 

Authority in this matter was expressly disclaimed by 
the General Synod of 1892 in the resolution "that this 
whole matter of expounding the catechism and catechiz- 
ing the youth of the church must be left to the con- 
science of the pastor and judgment of the church he 
serves, and of the classis to which he belongs." 

Of course the synod did not mean to say that a minis- 
ter was at liberty to comply with this constitutional 
requirement or not, as seems best to himself, for the 
constitution is above the General Synod. Nor did that 



118 



NOTES ON THE 



body intend to give ministers permission to follow their 
own consciences in the manner of attending to the duty, 
for the time has never been when they have not pos- 
sessed this liberty, for which an endorsement, by even 
the General Synod, is not needed. 

The General Synod intended to declare that whatever 
needs to be done in this matter is not within its prov- 
ince, but of that of the minister who is to act conscien- 
tiously in the discharge of his obligation ; of the con- 
sistory, since the elders are particularly admonished to 
" have regard unto the doctrine and conversation of the 
ministers of the word," and who are therefore to remind 
ministers of their delinquency in respect to this, as to 
any other neglected duty ; and of the classis to whom 
answer is annually made to the question, " Is the Heid- 
elberg Catechism regularly explained agreeably to the 
constitution of the Reformed (Dutch) Church?" 

Sec. 14. When any Minister shall be duly convicted 
of any offence which affects the purity of his clerical 
character, he shall, in consequence of such conviction, 
be suspended from his office; and if the conviction and 
suspension shall be sustained on a final appeal, his pas- 
toral connection with the congregation in which he was 
settled shall be, ipso facto, dissolved. 

To imprudences which mar a minister's influence, his 
attention may properly be called by his elders. But if 
he is convicted by the classis of some serious offence, he 
must be suspended from the exercise of his office. If 
he appeals he remains pastor, although not acting, until 



CONSTITUTION. 



119 



the appeal has been decided. If on an appeal to the 
final court, the conviction is sustained his connection 
with the congregation is ipso facto, that is, without fur- 
ther proceedings dissolved. If he declines to appeal, the 
same result must follow at once. 

Sec. 15. Consistories which have hitherto combined 
with one or more neighboring Consistories, in making 
calls, and having a Minister to serve in common, may 
not at pleasure break such combination ; but whenever 
their situation and circumstances render them capable 
of severally calling a Minister, a representation thereof 
must be made to the Classis, and leave be first request- 
ed and obtained, before their former connections can be 
dissolved. 

Sec. 16. As in calling a Minister, Consistories are 
bound to consult with the Great Consistory, or with the 
congregation at large, so when other matters of peculiar 
importance occur, relating to the peace and welfare of 
the whole congregation, they are strong^ recommended 
to seek such advice. All who have ever served as 
Elders or Deacons, constitute, when assembled, what is 
called the Great Consistory ; but being out of office, and 
not actually members of the Board of Corporation, they 
have only an advisory voice. 

In the early history of our congregations in this coun- 
try many were very weak, and many combinations of two 
or more were formed in calling a minister; and some 
still exist. The rule in our section is a good one for 
the protection of weak congregations. It is pertinent 
to enquire whether two or more struggling churches in the 
vicinity of each other should not be advised to unite in 



120 



NOTES ON THE 



the calling of a minister. It would be better to do this 
than to starve two ministers, or call on the Board of 
Domestic Missions for aid. 

The members and functions of the great consistory 
are clearly defined in this section. It is noticed that 
although the consistory has the powers of government 
they are to exercise them as representatives of the 
people. They should always consult them when matters 
of importance to the whole congregation occur. 

ARTICLE VII. 

OF THE CLASSIS. 

Sec. 1. A Classis consists of all the Ministers, and an 
Elder delegated by each Consistory within the bounds 
prescribed by Particular Synod. Collegiate Churches 
shall be entitled to an Elder for each ordinary worship- 
ing assembly. To constitute a Classis, at least three 
Ministers and three Elders are required. 

It is not claimed that we can find types in the New 
Testament of district presbyteries, or as we call them, 
of classes. The parochial presbytery, session or consis- 
tory of elders is more easily found. We are at a great 
disadvantage when we contend for Presbj^terianism jure 
divino, and are on sure ground only when we claim that 
the presbytery or classis is a constitutional body put in 
its place in line with the other bodies and deriving its 
authority from the same source ; that its powers are de- 
fined by the constitution; that it has surrendered 
nothing by the formation of a constitution ; and that it 
is competent for the church by an orderly and legiti- 



CONSTITUTION. 



121 



mate exercise of authority to modify its powers and 
prerogatives. 

In the New York Evangelist of April 5, 1888, Prof. C. 
A. Briggs wrote as follows under the heading, ' ' What 
is a Presbytery ?" 

" A presbytery is a body of presbyters or elders, how- 
ever small or great. All ecclesiastical courts, from the 
highest to the lowest, are presbyteries. Usage may 
give the term to one body rather than to another; but 
in fact it belongs to them all, and it is this theory of 
government that gives the Presbyterian church its 
name." 

:js H« % 

" We notice the abandonment by the American Synod 
of the the term 1 Classical Assemblies,' and the substi- 
tution of the term 1 PresbyteriaU The term presbytery 
is a Scotch term. The churches of the continent are 
followed by the Reformed churches in America in the 
use of the term classis. This was the term used by the 
Westminster divines when they organized the Provin- 
cial Assembly of London with twelve classes in 1647. 
It is true, the term presbytery appears in the Westmin- 
ster form given above, but this was a variant of their 
usual term classis and it was doubtless to please the 
Scottish commissioners. We think that the term classis 
is a better one for several reasons : (a) It is inappro- 
priate to take the term presbytery which belongs proper- 
ly to all of these bodies, from the highest to the lowest, 
and use it for one of them. It has had the unfortunate 
effect that presbyteries in Scotland and America have 



122 



NOTES ON THE 



had an exaggerated idea of their own importance as if 
they were the fountain of Presbyterian government, 
when really they are simply an intermediate body with 
the Provincial Synod between the fundamental body, 
the congregational presbytery or session, and the cul- 
minating body the National Synod or General Assem- 
bly. In the history of Presbyterianism, especially in 
America, the presbytery has too often lorded it over the 
congregation in an un-Presbyterian manner, and has 
even ventured to regard the General Assembly as its 
creature, on a theory of Presbyterianism that corre- 
sponds with that of 'states rights' in the nation. 
(b) In view of a future union with the Reformed 
bodies, we shall have to resume the more appropriate 
name classis, which is common to the Presbyterian and 
Reformed world. We cannot expect them to take a 
term which is peculiar to Scotch Presbyterianism." 

It is our good fortune never to have known any thing 
of High Church or jure divino Presbyterianism, but to 
have inherited the liberal type of the continental 
churches, and notably that of the church of the Nether- 
lands, to which the wise and noble fathers of the Re- 
formed Dutch Church in America held fast as the more 
liberal, sensible and scriptural. 

Beside pastors and delegated elders, ministers without 
charge are members of the classis. These last may be- 
long to a classis without respect to the olace of resi- 
dence. 

Does the phrase " to constitute a classis" mean that 
a quorum for the transaction of business must always 



CONSTITUTION. 



123 



be composed of at least three ministers and three 
elders ; or that a classis may not be formed or establish- 
ed unless there is material to the extent at least of three 
ministers and three elders ? The latter is probably the 
correct view. If it were intended to prescribe the number 
of a quorum, it probably would have been so expressed, as 
in the case of the sections about the consistory and the 
synods. Classes are sometimes formed of no more, or a 
very few more members than the number here designa- 
ted. It cannot be supposed that an attendance of the 
whole or nearly the whole number is required to make 
a quorum. Vacancies occurring, sickness and many 
other circumstances would frequently make a meeting 
of classis impossible. 

The presumption is that, in accordance with the gen- 
eral custom of deliberative bodies, every classis may 
make its own rule in regard to a quorum. However, 
except in extraordinarily small classes it is well that a 
quorum should embrace at least three ministers and 
three elders. 

Sec. 2. Classis shall have the power of approving or 
disapproving calls; constituting and dissolving the pas- 
toral relation ; ordaining, installing, suspending, depos- 
ing, and dismissing ministers. They shall have the 
power of forming and disbanding congregations, of ap- 
proving and dissolving combinations of two or more 
congregations; and of exercising a general superintend- 
ence over the spiritual interests and concerns of the 
several churches, and an appellate supervising power 
over the acts, proceedings, and decisions of the Consis- 
tories relating to Christian discipline. 



124 



NOTES ON THE 



The classis may disapprove a call on the ground of 
irregularity in the proceedings of the consistory ; or if it 
does not contain all the duties mentioned in the form ; 
or if it contains unreasonable requirements; or if it be 
for a limited time; or if the salary be conspicuously in- 
adequate; or if a strong protest from the congregation 
is presented; or if anything has been learned to the 
serious disadvantage of the person called. 

On forming congregations see Art. iv. Sec. 4. 

When a church has become so weak as to be unable 
to maintain religious services, and there is no promise 
for the future it may on its own request be disbanded by 
the classis. If a classis thinks that a church ought to 
be disbanded for good and sufficient reasons it has the 
right to disband it, though this may be contrary to the 
wish of the church itself. 

On the exercise of a general superintendence and the 
function of the classis as a court of appeal nothing need 
be said. 

Sec. 3. The peculiar prerogative of Classes, that of 
examining students of Theology for their becoming can- 
didates for the ministry, and of candidates for their 
becoming Ministers, is very important, and must always 
be attended to with great prudence, zeal, and fidelity. 
Every student of Theology, when he shall have become 
prepared for examination for licensure, shall present 
himself for such examination to the Classis within whose 
bounds he resided when he entered upon his preparatory 
studies, and a candidate who has received a call, must 
be examined b} 7 the Classis under whose jurisdiction the 
Church that has made the call is placed. 



CONSTITUTION. 



125 



It is the peculiar prerogative of the classis to examine 
students for licensure and candidates for ordination. 
That is, the other assemblies of the church have no 
authority to exercise it. It was made the peculiar pre- 
rogative of the classis by the constitution of 1833. Be- 
fore that time under the Explanatory Articles this pre- 
rogative was shared by the Particular Synod. Article 
xlvii. says: "Notwithstanding the power of examina- 
tion is conferred upon the classes, the Particular synods 
(until it be otherwise determined in the General Synod) 
will continue as heretofore to examine and license ; and 
it shall still remain in the choice of any student in the- 
ology, or of any candidate who has received a call, to be 
examined by the S3 7 nod." 

The withdrawal from the synod of the right to exam- 
ine was a wise act. It is better that it should be con- 
fined to one body and that this body should be the 
classis in preference to the synod. The classis is a 
smaller body, more easily convened in special session, 
and more likely to show personal interest in students 
and candidates. In the Presbyterian denomination also, 
the synods examined at first as well as the presbyteries. 
In the German branch of the Reformed Church this is 
to-day the prerogative of the synods as well as of the 
classes. Thus the classis has acquired this peculiarity 
or exclusiveness of prerogative by the amending of an 
ecclesiastical constitution, and not by presbyterial suc- 
cession from the presbytery that laid hands on Timothy. 

After the student has received his professorial certifi- 
cate he presents himself for " examination to the classis 



126 



NOTES ON THE 



within whose bounds he resided when he entered on his 
preparatory studies." This means where he resided 
ecclesiasticallv, not necessarily geographically, that is, 
where his church membership was at that time. He 
may have removed since to a distance and been received 
by certificate into another church, but the rule remains 
and is very explicit. 

When did the student enter upon his preparatory 
studies ? When he came to the theological school, and 
entered on the studies that are specifically and directly 
preparatory to the ministry. It is true that all the 
studies that he has ever pursued from the alphabet on, 
have contributed their share in preparing him for his 
calling, but all the studies to the end of the collegiate 
course are preparatory to other professions and occupa- 
tions as well as to that of the ministrj^. We cannot 
well find a starting point so satisfactory as the door of 
the theological school. 

Before this requirement was placed in the constitution, 
the students in the theological school, with rare excep- 
tions, united by certificate with the Dutch Church of 
New Brunswick and they were licensed by the classis of 
New Brunswick. Possibly a feeling of jealous}^ was 
excited among the other classes. It was considered 
desirable to have the examinations distributed through 
the denomination. It was thought that it would be an 
advantage to the ministers and churches as well, and 
advantageous to the young men. It is to be regretted 
that b} r means of the extension of the denomination the 
rule has in some cases worked inconvenience and proved 
to be burdensome. 



CONSTITUTION. 



127 



Sec. 4. Every Classis shall keep a book, in which the 
forms of subscriptions for candidates and Ministers of 
the Gospel are fairly written, which those who are ex- 
amined and approved shall respectively subscribe in the 
presence of the Classis. It shall also be the duty of 
every Classis, annually, to report to the Synod all per- 
sons who have been examined, and licensed, as well as 
those who have been ordained ; and also, all removals 
of Ministers from one place to another, or by death, 
which may have happened within the jurisdiction of 
such Classis, since the last session of Synod. 

Sec. 5. Whenever the examination of a candidate for 
the ministry, the approbation of a call, or any other 
special business, shall render an extraordinai^ meeting of 
the Classis necessary, it shall be the duty of the Presi- 
dent of the Classis, upon application being made to him 
for that purpose, to call, by circular letters, the mem- 
bers together. And, whenever two Ministers and two 
Elders belonging to the Classis shall upon any occasion, 
request in writing, under their hands, an extraordinary 
meeting, the President of the Classis may not refuse 
calling the same ; provided that the expenses attending 
all extraordinary meetings of the Classis shall be paid 
by the person or congregation at whose request, or for 
whose benefit, such session is held. 

Sec. 6. The meetings of the Classes shall be semi- 
annual, at such times as they may respectively deter- 
mine; and at every ordinary session there shall be a 
sermon, or other devotional services, or both. 

No explanation of these sections is needed. 

Sec. 7. The Classes shall, at their meeting next pre- 
ceding that of the Particular Synod, appoint delegates 
to attend the said Synod, and nominate delegates to the 



128 



NOTES ON THE 



General Synod ; and, at the same meeting, shall put to 
the Ministers and Elders, respectively, the following in- 
quiries, and enter in detail the several answers given by 
each Minister and Elder, on the minutes, for the infor- 
mation of the higher judicatories: 

1st. Are the doctrines of the Gospel preached in }^our 
congregation in their purity, agreeably to the Word of 
God, the Confession of Faith, and the Catechisms of 
our Church ? 

2d. Is the Heidelberg Catechism regularly explained 
agreeably to the Constitution of the Reformed (Dutch) 
Church ? 

3d. Are the catechising of the children and the in- 
struction of the youth faithfully attended to ? 

4th. Is family visitation faithfully performed ? 

5th. Is the 5th Sec, 6th Art., in the Constitution of 
our Church, relating to the conduct of church members, 
carefully obeyed, previous to each communion ? 

6th. Is the temporal contract between Ministers and 
people fulfilled in your congregation ? 

7th. Is a contribution made annually by your con- 
gregation to each of the Benevolent Boards and Funds 
of the Church ? 

Originally the classis sent committees to the various 
churches to enquire into their condition and to report. 
The minister, elders and deacons were separately ques- 
tioned about the state of affairs in the congregation, so 
that evils if any existed might be corrected and aid and 
encouragement be given to all efforts that aimed at the 
promotion of godliness. The present system of annual 
questioning in the meetings of the classes has taken the 
place of the classical visitations. The answers given 
are entered in detail on the minutes and transmitted to 
the Particular Synod. 



CONSTITUTION. 



129 



To the first question many ministers might answer in 
the affirmative whether belonging to our denomination 
or not. The second is not answered satisfactorily by 
one who says that he preaches the doctrines of the cate- 
chism. He has already said that in his answer to the 
first question. By the second he is asked concerning 
his conformity to the constitutional requirement and 
usage of the church concerning the explanation of the 
catechism, not whether its doctrines are preached by 
him. The manner in which the catechism is to be ex- 
plained is not defined ; that is left to every minister's 
judgment and conscience. 

The General Synod of 1892 passed a resolution to the 
effect that the answers to this question need not be 
categorical. This was unnecessary, for the answers are 
to "be recorded in detail," and in Art. vi., Sec. 13, it is 
said, 4 'if any minister shall be found deficient without 
sufficient reasons." These expressions imply the right 
of one to have his statement of reasons recorded. 

ARTICLE VIII. 

OF THE PARTICULAR SYNOD. 

Sec. 1. Every Particular Synod shall comprehend a 
certain number of Classes to be designated by the Gen- 
eral Synod, and shall consist of four Ministers and four 
Elders from every Classis within its bounds ; and six 
Ministers and six Elders, when regularly convened, shall 
constitute a quorum for the transaction of business. 

The synod in the Presbyterian denomination, placed 
between the presbytery and General Assembly is a con- 
[9] 



130 



NOTES ON THE 



ventional body composed of all the ministers within a 
certain district and an elder from every church in the 
same district. The Particular Synod in our Reformed 
Church is a delegated body, composed as described in 
this section, which also prescribes the quorum for the 
transaction of business. 

There are four Particular synods, viz: those of New 
York, Albany, Chicago and New Brunswick. 

The Particular synods, or as they were sometimes 
called Provincial synods, were in early times in the 
Netherlands far more important than they are now in 
our land, because of the circumstances of those times. 

Sec. 2. To the Particular Synod belongs the power to 
form new Classes, to transfer a congregation from one 
Classis to another, to exercise a general superintendence 
over the spiritual interests and concerns of the several 
Classes within its bounds, and an appellate supervising 
power over their acts, proceedings, and decisions relat- 
ing to Christian discipline. 

Sec. 3. Every Synod shall be at liberty to solicit and 
hold correspondence with its neighboring Synod or 
Synods, in such manner as shall be judged most con- 
ducive to general edification. 

The powers of the Particular Synod are briefly stated, 
among which is its judicial function in cases of appeal 
from decisions of the classis relating to discipline. 

Correspondence with neighboring Particular synods 
has been held sometimes by the attendance of a dele- 
gate, sometimes by letter. 



CONSTITUTION. 



131 



Sec. 4. A copy of the minutes of every session of the 
several Classes held since the last session of Synod, shall, 
at the opening of the Synod, be produced and laid on 
the table for the inspection of the members. The Par- 
ticular Synod, from the several reports of the Classes, 
on the state of religion, shall prepare a Synodical Re- 
port, to be presented to the General Synod, accompanied 
with the statistical tables of said Classes. 

As the classis examines the minutes of the consistory 
so far as they relate to ecclesiastical matters, so the Par- 
ticular Synod examines those of the classes. 

The fulness and interest of the general report on the 
state of religion made by the General Synod depends 
altogether on the reports received from the Particular 
synods. Those bodies therefore are accustomed not 
only to send up all the statistical tables, but the com- 
plete reports of the classes. The sessions of the Par- 
ticular synods are too brief to allow the preparation of 
satisfactory reports in any other way. 

Sec. 5. The Particular Synod shall meet annually, at 
such time and place as they may determine ; and special 
meetings may be held for the transaction of any extra- 
ordinary business, upon the written request of four 
Ministers and four Elders to the President of the Synod ; 
and, in such case, it shall be the duty of such President 
to give notice to the members of Synod of such meeting 
three weeks previous thereto, stating the particular ob- 
ject for which the Synod is to be convened. 

The directions as to annual and special meetings are 
sufficiently clear. The particular object for which a 



132 



NOTES ON THE 



special meeting is called must be stated, but it is ac- 
cording to the usage of such bodies that other matters 
may be attended to, provided that the}' be mentioned in 
the call. 

ARTICLE IX. 

OF THE GENERAL SYNOD. 

Sec. 1. The General Synod shall consist of three Min- 
isters and three Elders from each of the Classes, com- 
posed of fifteen or less than fifteen churches; and an 
additional representation of one Minister and one Elder 
shall be allowed for each additional five churches. 
These persons shall be nominated by the Classes to the 
Particular Synod to which they belong, who shall have 
power to appoint them delegates to the General Synod; 
out, for good cause, it may appoint other persons than 
those so nominated ; or, in case no nomination is made, 
may appoint the delegates for the Classis or Classes who 
shall have omitted to nominate. The body thus consti- 
tuted shall be called "The General Synod of the Re- 
formed Church in America." 

Formerly the delegations to the General Synod were 
the same in number from all the classes whether large 
or small. The manifest injustice of this led to the 
adoption of the present method as described in this sec- 
tion. 

The nomination of delegates is made by the classes, 
the appointment by the Particular Synod. The nomi- 
nees are almost invariably confirmed. But if a death 
or removal occur between the meetings of the classis 
and of the Particular Synod, or the names by some 
mishap may fail to reach the latter body, or there be any 



CONSTITUTION. 



133 



good cause whatever, the synod may appoint men who 
have not been nominated by the classis. 

Sec. 2. The removal of any delegate, during the 
period for which he was appointed, from the Classis 
which he was commissioned to represent, shall vacate 
his seat in the General Sj^nod. 

Sec. 3. The General Synod shall meet annually at 
such time and place as they may determine ; and twelve 
Ministers and twelve Elders, when regularly convened, 
shall be a quorum for the transaction of business. 

A general synod is supposed to continue in existence 
for one year, so that every delegate is appointed for that 
period and is expected to attend special meetings during 
that time. But if one remove from the classis that 
nominated him he is oblige to vacate his seat, and 
then one of the secundi may fill it. 

Sec. 4 The General Synod shall have original cog- 
nizance of all matters relating to the Theological Schools, 
the appointment of Professors, and their course of in- 
struction ; the appointment of Superintendents of said 
schools, and the regulations thereof; and shall possess 
the power of regulating and maintaining a friendly cor- 
respondence with the highest judicatories or assemblies 
of other religious denominations, for the purpose of pro- 
moting union and concert in general measures which 
may be calculated to maintain sound doctrine, prevent 
conflicting regulations relative to persons under church 
censure by the judicatories of either denomination, 
and to produce concert and harmony in their respective 
proceedings to promote the cause of religion and piety. 

To the General Synod belongs the power to constitute 



134 



NOTES ON THE 



Particular Synods, and to make any changes in the 
same; to exercise a general superintendence over the 
spiritual interests and concerns of the whole Church, 
and an appellate supervising power over the acts, pro- 
ceedings, and decisions of the lower assemblies, relating 
to Christian discipline. 

Among the prerogatives of the General Synod are 
original cognizance and complete control of the theo- 
logical schools ; correspondence with the highest judica- 
tories of other denominations for the promotion of union 
and Christian fellowship and of respect for each other's 
discipline. Articles of correspondence between the 
Presbyterian and Reformed Dutch churches were adopt- 
ed in 1822 embracing quite an elaborate plan of frater- 
nal action (see Digest, ch. xii., sec. 2) which has never 
been abrogated. Where there is no formal agreement 
of this sort, our denomination has recognized the claims 
of Christian courtesy and the importance of coopera- 
tion in labors for truth and righteousness; and in 
refusal to intrude into fields occupied by struggling 
churches of other denominations. 

The " general superintendence over the spiritual 
interests and concerns of the whole church" covers a 
very wide field, embracing the work done through 
various boards and other agencies for the promotion of 
true religion at home and abroad. The zeal with which 
this field is cultivated, should, however, be equalled by 
a care not to trespass by crossing its boundaries and 
occupying territory that belongs to another. Special 
care should be taken not to intrude on the lower bodies 



CONSTITUTION. 



135 



by doing that which a consistory or classis is competent 
to do, or which it has been authorized and charged to 
do. The General Synod is a constitutional body equally 
with the others, and its powers and prerogatives are de- 
fined by the constitution as well as theirs. Service in- 
tended to be helpful may be resented as meddlesome. 

In the Presbyterian Church, immediately after the 
civil war, questions arose in the border states about 
church property and discipline that tempted the General 
Assembly to exercise original powers of jurisdiction. 
This course seemed to be necessary in order to overcome 
certain difficulties. It was regarded by many good men 
as a sacrifice of essential principles to temporary expe- 
dients, under great pressure yet unconstitutional and 
exceedingly dangerous. Dr. George Junkin wrote much 
with his characteristic vigor against what he called the 
" doctrine of the omnipotence of the General Assembly." 
(Life of Geo. Junkin, D.D.) 

It is not strange that some who have never studied 
the subject should have exaggerated notions of the 
powers of the General S} T nod, and should also think 
that its wisdom is commensurate with its powers. Hap- 
pily, men are always at hand who exercise a jealous 
watch and who know just when the brake should be put 
down. 

It may be worthy of consideration whether consistency 
and stability of policy and action would not be promo- 
ted if the members of the General Synod were elected to 
serve three years, the terms of one-third to expire each 
year. 



136 



NOTES ON THE 



Sec. 5. When, in the circumstances of missionary 
fields, it shall be impracticable for a Classis to comply 
with all the requirements of the Constitution, the Gen- 
eral Synod shall have full power to grant such dispen- 
sation as the wants of the case may demand. 

This section was introduced as an amendment to the 
constitution in the early history of the Classis of Arcot. 
It was suggested by the desire of the classis to ex- 
amine a native for licensure and ordination. At that 
time the examinations could not be held without the 
presence of a Deputatus Synodi. This was an officer of 
the Particular Synod whose duty it was to see that the 
examination was fairly and properly conducted. Inas- 
much as a Deputatus could not well be sent from 
America to India to supervise an examination, the con- 
stitution was amended to meet the case. The amend- 
ment was made general so as to apply to all cases that 
might occur. The office of Deputatus was discontinued 
after the adoption of the present constitution. 

Sec. 6. If circumstances should require a meeting of 
the General Synod previous to the next ordinary meet- 
ing, the President shall, on a joint application of six 
Ministers and six Elders requesting the same, call an 
extraordinary meeting at the place where the next 
ordinary meeting is appointed to be held, or at such 
other place as may be determined by the President, 
Vice-President and Stated Clerk of the General Synod, 
notice of which meeting shall be given to members of 
Synod at least three weeks previous to the time of such 
meeting, stating the particular business for which it is 



CONSTITUTION. 



137 



called, not, however, excluding the transaction of such 
other business as the Synod may deem proper. 

An explanation of this section is not necessary. 

ARTICLE X. 

OF CUSTOMS AND USAGES. 

Sec. 1. The Sacrament of Baptism shall, if possible, 
be administered in the church, or some other place of 
public worship, at the time of public worship ; and the 
form for Baptism shall in every case be retained. But 
it is recommended that no private baptism shall be ad- 
ministered without the presence of at least one Elder, 
who shall accompany the Minister for that purpose. 

There are customs and usages that are peculiar to 
individual congregations and not binding on other 
churches. Wise is the minister who on taking charge 
of a congregation falls gracefully into conformity with 
its peculiar customs even if they are strange to him, or 
his prejudices are against them, instead of trampling 
them under foot or in any way showing contempt for 
them. 

There are other customs and usages that are binding 
on all the churches and which are described in the Rules 
of Government. 

The General Synod of 1814 adopted a report to the 
effect " that those customs and usages which were 
deemed necessary to be continued in the church are 
expressed in the explanatory articles of the constitu- 
tion ; such as singing the psalms and hymns approved 
of and recommended by General Synod ; preaching from 



138 



NOTES ON THE 



the Heidelberg Catechism ; observing the forms in the 
administration of baptism and the Lord's supper, etc. as 
contained in. our Liturgy, etc. That other customs and 
usages prevail in the church which are deemed non- 
essential and in man}- instances are either wholly dis- 
pensed with or partially retained in our congregations, 
according to the tastes or circumstances of pastors or 
people ; such as the arrangements observed in the per- 
formance of public worship ; the number of times sing- 
ing psalms and hymns ; reading sermons and preaching 
them from memory or extemporaneously ; sprinkling in 
baptism one or three times ; sitting or standing in re- 
ceiving the Lord's supper; preaching on Ascension day, 
Good Friday, and other days which have long been 
observed both in Holland and America, etc. Your 
committee observes that those customs and usages 
which are deemed essential and constitutional, are pre- 
served pure and entire by the different classes ; and we 
observe likewise, that those which are considered non- 
essential are dispensed with, or retained and altered, 
according to the taste or circumstances of different min- 
isters and congregations." 

The propriety of the general rule that baptism whether 
of adults or infants should be administered in the church 
in presence of the congregation cannot be questioned; 
for it is the rite of introduction into a visible church, 
and it is desirable to have the prayers of the whole con- 
gregation. Its administration in chapel, school house, 
or wherever there is public worship is admissible. 

When there is sickness of the adult candidate, or 



CONSTITUTION. 



139 



parent or child, baptism may be privately administered. 
Formerly the presence of an elder was required ; it is 
now recommended. It is desirable that an elder should 
be present as a representative of the consistory. Private 
baptism so far from being encouraged is virtually for- 
bidden except in cases of necessity. Festive gatherings 
are entirely out of place in connection with the admin- 
istration of this sacrament. Application for the bap- 
tism of an infant as well as of an adult was formerly 
made to the assembled elders. Ought not the ministers 
to be relieved from a responsibility that does not belong- 
to them ? 

Baptized non-communicants of orthodox belief and 
good character are not forbidden to present their chil- 
dren for baptism ; but the practices of churches differ, 
some confining the privilege to members in full com- 
munion. Christian nurture is always promised, without 
which no gracious fruits are to be expected by parents 
from the baptism of their childien. Where the mode is 
made a matter of conscience, baptism uiay be adminis- 
tered by immersion, for the form says " this the dipping 
in or sprinkling with water teaches us," etc. 

Sec. 2. Every church shall observe such a mode in 
the administration of the Lord's Supper as shall be 
judged most conducive to edification; provided that the 
Form for the administration of the Lord's Supper shall 
be read, and a prayer suited to the occasion shall be 
offered, before the members participate in the ordinance. 

Sec. 3. The Sacrament of the Lord's Supper shall be 
administered at least twice a year, and it is recommended 



140 



NOTES ON THE 



that the same be administered once every two or three 
months. 

In the administration of the Lord's supper, the read- 
ing of the form in the Liturgy is made imperative, also 
the offering of a suitable prayer before the adminis- 
tration. This prayer is found in connection with the 
form, although some ministers add a short prayer 
before the distribution of the elements. 

Among questions that each church must determine 
for itself are the following: 

1. Whether the supper shall be celebrated on the 
morning of the Lord's day and a sermon be preached 
or not. 

The morning is usually to be preferred, and it is gen- 
erally better not to omit the sermon but to make it 
short, and to judiciously abbreviate the other services. 
It may be concluded that the supper should be cele- 
brated in the afternoon, to be a service by itself, and 
that the sermon should be omitted having been deliv- 
ered in the morning. 

2. Whether the posture shall be that of sitting or 
standing; hardly a question of the present. 

In the days when all the communicants came forward 
in turn to the table, they sat in some churches, in others 
they stood. The old synods of the Netherlands allowed 
choice of these postures, but positively forbade kneeling 
as calculated to favor the doctrine of transubstantiation, 
and tempt to adoration of the sacrament. The question 
was hotly discussed in England in the time of Edward 



CONSTITUTION. 



141 



VI. but it was decided to continue the practice of kneel- 
ing. Concerning it the following declaration was printed 
in the second prayer book of Edward: " Lest yet the 
same kneeling might be thought or taken otherwise, we 
do declare that it is not meant thereby that any adora- 
tion is done or ought to be done, either unto the sacra- 
mental bread and wine there bodily received, or to any 
real or essential presence there being of Christ's natural 
flesh and blood." 

No church of our denomination would in view of the 
action of the early synods, of the practice during three 
hundred years, and of present Romeward tendencies be 
justified in introducing kneeling. 

3. Whether tables should be used or not. 

In view of the facts that our Lord partook of the sup- 
per with His disciples at the table; and that sitting with 
friends at a table symbolizes most vividly the idea of 
communion with Christ and with one another, it seems 
to be a pity that it has come to this, that when par- 
taking of the Lord's supper, we know of no table but 
the little one from which the minister sends away the 
bread and the wine. It is pleasant to know that there 
is here and there a church that finds room at tables 
for the elders and some communicants, so that the 
picture of " sitting at meat " is not entirely lost. 

4. Whether the elders or the deacons should carry 
the bread and wine to the communicants. 

From time immemorial it has been the custom in our 
denomination for the deacons to perform this office. It 
properly belongs to them, for this is not a spiritual 



142 



NOTES ON THE 



but a purely mechanical function, and as such does not 
belong to the spiritual rulers. The minister alone ad- 
ministers this sacrament, and the deacons are used by 
him as a convenience, just as the members themselves 
are when they pass the elements from one to another. 
The elders should sit near the minister and receive the 
elements from his hands, and then distribution should 
be made by the deacons to the communicants in the 
pews. It is right that the serving should be done by 
the younger men, who are also the lower body of officials. 

5 . Whether the Lord's supper should be celebrated more 
frequently. 

In apostolic times it was a part of the regular weekly 
service. In time, the doctrine was changed and the ob- 
servance became less frequent, until the Church of Rome 
decided that yearly communion at Easter was sufficient. 
The Reformers favored frequencj 7 . Calvin advocated 
monthly communion. The French Reformed churches 
said that it should be observed more than four times a 
year. The j^ational Synod of Dordrecht ordered that 
" the Lord's supper shall be celebrated every two 
months, if the same shall be convenient." 

Every church should consider the question, whether 
its spiritual interests would not be promoted if the Lord's 
supper were more frequently observed than once in three 
months. Every congregation has liberty in the matter. 

6. Whether private communions are allowable, and 
under what circumstanstances. 

It is one thing for a minister to carry the elements in 
his pocket, always ready to administer them to the 



CONSTITUTION. 



143 



slightly or even seriously sick ; it is another for him, in 
company with a few Christian friends, to go to the sick, 
the aged and infirm, shut out from the house of God, 
likely never again to enter it, and solemnly to partake 
with them of the bread and the wine. Who would 
deny to God's dear children the help and comfort thus 
afforded ? Let the supper be thus used, and not given 
as a viaticum or provision for one's last journey. 

7. Whether bread should be leavened or unleavened ; 
wine be fermented or unfermented; the nature of and 
time for preparatory services, etc. 

Sec. 4. For the purpose of uniformity in the order of 
worship, the following is to be observed by all the 
Churches : 

1st. Invocation. 
2d. Salutation. 

3d. Reading the Ten Commandments, or some other 
portions of Scripture, or both. 
4th. Singing. 
5th. Prayer. 
6th. Singing. 
Tth. Sermon. 
8th. Prayer. 
9th. Collection of Alms. 
10th. Singing. 

11th. Benediction. The order of the afternoon and 
evening services shall be the same as the morning, ex- 
cepting the reading of the Ten Commandments. The 
last service on the Lord's Da}* shall conclude with the 
Christian Doxology. 

Under the explanatory articles before the constitution 
of 1833 was adopted, there was no prescribed order of 



144: 



NOTES ON THE 



worship, although the same order was usually followed. 
Perhaps there was greater uniformity then than has 
been since. 

In the Revised Liturgy which was approved by the 
classes and recommended for use in the churches by 
the General Synod in 1882 this order of worship is re- 
tained, that is, no part of it is omitted. A few things 
such as the responsive reading of the Psalter, recitation 
of the Apostles' Creed, singing of a Gloria, use of the 
Litany are in addition permitted to those who desire to 
use them, and a few rubical directions are given. The 
order as we have it in this section is imperative, the 
things referred to are permissive. 

In the Order, No. 9 is changed from "Collection of 
Alms" to "Offerings to the Lord," probably because 
all possible contributions to religious and benevolent 
objects come under the latter designation. 

But in the Reformed churches in the Netherlands not 
only, but in this country until comparatively recent 
years, all the moneys collected at ordinary public wor- 
ship on the Lord's day were religiously put into the 
deacon's fund for the relief of the poor. The collection 
was regarded as worship in that form. 

It is difficult to see why the injunction to sing the 
doxology at the close of the evening service should be 
so generally neglected. 

Sec. 5. No Psalms or Hymns may be publicly sung in 
the Reformed (Dutch) Churches, but such as are ap- 
proved and recommended by the General Synod. 



CONSTITUTION. 



145 



When this section was placed in the constitution the 
present legion of collections of hymns was unknown. 
Public worship included generally, two services on the 
Lord's day and one or two weekly meetings. The same 
book answered all purposes. Since that time hymn 
books have been made for Sunday schools, evangelistic 
meetings and for all sorts of societies. The synod has 
approved and endorsed very many, the chief ones 
among the last, being Hymns of the Church and 
Church Hymnary. Besides these are Christian Praise, 
Fulton Street Hymns, Hymns of Praise, etc. The rule 
should be strictly observed, as we believe that it is, in re- 
gard to the general services of the congregation that are 
held on the Lord's day. 

Care, however, should be taken by pastors and con- 
sistories about the hymns used in Sunday schools and 
various gatherings. The songs sung by the young are 
as important as the laws passed by the elders. 

Sec. 6. No catechisms shall be used in the Sabbath 
Schools of the Church but such as are approved and 
recommended by the General Synod. 

A rule good in itself, but not as easy to carry into 
general effect as it is in itself good. 

ARTICLE XL 

OF DISCIPLINE IN GENERAL. 

Sec. 1. Discipline is the exercise of the authority 
which the Lord Jesus Christ has given to His Church. 
Its objects are the vindication of the honor of Christ, 
[10] 



146 



NOTES ON THE 



the promotion of the purity and general edification of 
the Church, and the benefit of the offender. 

Discipline is a term sometimes used in a wide sense 
meaning government in general. Hence a collection of 
rules of church government is called a "Book of Dis- 
cipline." Christian churches being companies of people 
organized for certain purposes must not only have rules 
of government, but also authority to enforce them. He 
that resists the power in the church as well as in the 
state, resists the ordinance of God. 

Discipline, in a more narrow sense, has to do with the 
treatment of offenders. Members who fall into trans- 
gression of a more or less scandalous nature are not to 
be left to themselves. They need correction, and God 
has given authority to churches to deal with them. 
Every denomination has its own courts and judges with 
spheres and prerogatives clearly defined. In ours, we 
have consistories, classes and synods. There is in this 
no system of ecclesiastical tyranny which an offending 
member when called to account should rebel against in 
assertion of his independence. When he made his con- 
fession of faith he promised to submit to this authority. 
Every minister on becoming such renews the promise. 
The constitution is the organic, fundamental law whereby 
every court is regulated and restricted in the exercise of 
discipline. 

The objects of discipline are fourfold : 

1. Vindication of the honor of Christ. Professing 
Christians are representatives of Christ in the World; 



CONSTITUTION. 



147 



the} 7 claim to be His obedient servants and imitators; 
their departure from His law and example casts dishonor 
on Him in the eyes of the world. Therefore their evil 
courses must be disavowed and means be taken to 
induce them to amend their ways. 

2. Promotion of the purity of the church. This is the 
chief element of a church's power in the world; not 
members, wealth, social position or activity. Its mem- 
bers are called unto holiness. Discipline has its part in 
maintaining this purity. 

3. General edification. The building should, among 
its materials, have as little of wood, hay and stubble as 
may be, and as much of gold, silver and precious stones 
as possible. Hence the importance of salutary disci- 
pline. 

4. The benefit of the offender. This is the immediate 
object of discipline and should never be lost sight of, as it 
so often and so easily is. It too often degenerates into a 
contest for victory. Parties are formed, feelings of 
enmity and revenge are aroused, evil speaking is in- 
dulged in, and churches are rent asunder. Discipline 
should never be exercised in such a spirit and manner 
that the subject of it shall have good reason to think 
that he is unjustly treated and persecuted. The authori- 
ties should never betray personal animosity, but make 
it manifest that they desire nothing so much as the good 
of the offender. They should be moved by feelings 
similar to those of a true father toward a wayward son, 
which are never more strong and tender than when he 
is compelled to deal severely with him. Even in ex- 



148 



NOTES ON THE 



communication one is delivered "unto Satan for the 
destruction of the flesh that the spirit may be saved 
in the day of the Lord Jesus." (1 Cor. 5: 5.) 

Sec. 2. Nothing shall be admitted as matter of accu- 
sation, or considered an offense, which cannot be shown 
to be such from Scripture, or the laws and regulations of 
the Church. 

Of offenses that make a person liable to ecclesiastical 
discipline, two classes are mentioned : 

I. Of those that can be shown to be such from Scrip- 
ture. 

Not all offenses are contrary to Scripture that some 
individual or individuals think to be such. Nor does an 
ecclesiastical decree make them so. Various bodies of 
Christians have made unwarranted terms of communion, 
and excluded from fellowship those who believed in the 
singing of uninspired hymns and use of organs in public 
worship ; those who voted when God was not named in 
the national constitution ; those who held slaves ; those 
who would not pledge themselves to abstain from intoxi- 
cating liquors or tobacco; those whose amusements, 
dress and modes of living were deemed too worldly. 
All these have been made offenders demanding the exer- 
cise of discipline. Every fanatical devotee to some new 
reform, no matter what, is apt to insist that churches 
ought to recognize it in their terms of communion. 

There are many things that can be shown to be 
opposed to the spirit or letter of Scripture that do not 



CONSTITUTION. 



149 



call for ecclesiastical discipline. There are sins of 
omission and of commission that justify fraternal criti- 
cism and admonition, that are not to be brought before 
church courts. 

But there are practical difficulties in the way of the 
application of this rule, occasioned by changes in the 
opinions of the Christian public. Increasing light has 
been thrown on the subject of Christian ethics. Acts 
and occupations are considered unchristian, disreputa- 
ble and odious, that formerly either did not exist or 
were not regarded as opposed to true Christianity or 
inconsistent with its profession. Many things, not speci- 
fied in Scripture in so many words, are yet so manifestly 
and notoriously contrary to it, that no church could with 
a good conscience tolerate them, or justify itself before 
the world in doing so. 

Now, who is to determine whether an offense charged 
is not only one provable by Scripture, but one for which 
discipline is demanded ? The man who brings an accu- 
sation may have no doubt about it. But his private 
judgment does not decide the question. The court be- 
fore which the complaint is made must determine 
whether the offense charged is, in their view, one that 
it will be justified in investigating. 

II. Of those that can be shown to be such from the 
laws and regulations of the church. 

These laws and regulations are entirely separate from 
scriptural teachings or injunctions. They are indiffer- 
ent in their nature, chiefly denning and prescribing 
methods of doing things ; such as rules about elections 



150 



NOTES ON THE 



of elders and deacons, examinations and licensures, 
administration of sacraments, etc. The constitution is 
chiefly made up of such matters which, indifferent in 
themselves, become important in view of the fact that 
they are items in a contract solemnly agreed to, and 
violations of which are serious enough to warrant the 
exercise of discipline. 

Sec. 3. All baptized persons are members of the 
Church, are under its care, and subject to its govern- 
ment and discipline. 

Concerning the authority of the church to exercise 
discipline on offenders who are members in full com- 
munion, there can be no question. Even 7 communi- 
cant, on becoming such, acknowledged that authority 
and expressly promised to submit to it. Moreover the 
occasions and methods of discipline are carefully de- 
scribed. 

But in regard to members by baptism only, the case 
is different. There are practical difficulties concerning 
authority ; and also concerning the nature and limits of 
the discipline. Authority is naturally disputed by 
many on the ground that it rests entirely on an act 
done to them when they were unable to consent or pro- 
test. They do not consider that they might deny the 
authority of the state on the same ground. The word 
discipline is distasteful to them, bringing visions of cita- 
tions, judicial processes, solemn and severe sentences, 
and they rebel against a tyrannical infringement on per- 
sonal liberty. 



CONSTITUTION. 



151 



But what view is the church to take ? What is she 
to do with those who decline to become members in full 
communion and perhaps turn away from all church 
ordinances ? If special obligations to them remain, how 
are they to be fulfilled ? It is suggested by some, 

1. That they should be dealt with in the same way as 
offending communicants ; that is, if they give no heed to 
admonitions, then cite them to appear, try them judic- 
ially, and cut them off so that thenceforth they are noth- 
ing more to the church than other sinners who have never 
been baptized. If this course were directed by Scripture 
as a means of their conversion we would follow it. But 
it is not, and it does not commend itself to our judg- 
ment. Probably many members of Christian families, 
or who are surrounded by certain social influences 
would become communicants rather than be disciplined 
after this manner, with proceedings recorded; and con- 
sequently the number of formal and graceless professors 
would be increased. Many others would treat such 
proceedings with contempt, turn away from the church 
and religion altogether, and become their avowed and 
bitter enemies. 

2. That the church should regard them, as they do 
themselves, as released from her jurisdiction by their 
own voluntary course. Since they have failed to come 
at the proper time and make confession of their faith, it 
is claimed that the special relation no longer exists, and 
that the church is released from special responsibility to 
them. 

But this position seems to be derogatory to our ordi- 



152 



NOTES ON THE 



nance of infant baptism and to the connected views 
about church care and nurture. 

Is there a time limit to this care ? If the baptized 
wish to be left to themselves, yet is it right and fair and 
Christlike for the church to consent to that wish and 
virtually to give them up as hopeless ? Can a church 
do this with one of her children any more than a good 
mother could fail to pray and labor to the last for the 
reclamation of a wayward prodigal son, though he has 
gone far from his home, she knows not whither ? So it 
remains 

3. For the church to continue to recognize the rela- 
tion and acknowledge her responsibility to the very end, 
while at the same time there is no call for such forms of 
discipline as are very proper in the case of olfending 
communicants. They are denied certain privileges that 
belong to communicants, and this denial may be con- 
sidered a sort of discipline. It is better that the church 
should do nothing further than continue to pray for 
them and to labor for their conversion, pressing with 
all fidelity and tenderness arguments from the associa- 
tions of the past, embracing the influences of a Christian 
home, teachings of godly parents, etc. 

The continuance in the church, of very worldly and 
abandoned characters, in their relation of baptized mem- 
bers works no harm to the church, for the world under- 
stands that they are not acting inconsistently with any 
profession. 



CONSTITUTION. 



153 



ARTICLE XII. 

OF OFFENSES. 

Sec. 1. Private offenses are those that are known to 
an individual only, or at most to a very few. 

Sec. 2. Such offenses are not immediately to be pre- 
sented before a Church Judicatory, but the offender 
shall be dealt with according to the mode pointed out by 
our Lord in Matt, xviii. The same course shall be 
adopted in cases of personal or private injuries; but if, 
on due forbearance, these tender and Christian proceed- 
ings are unavailing, the whole matter shall be repre- 
sented to the Judicatory, to which the offender is amena- 
ble. 

Sec. 3. Informers who have not taken these previous 
steps shall be considered as guilty of an offense against 
the peace and order of the Church, and be censured ac- 
cordingly. 

If a disciplinable offense is known to only one person 
or to a very few, it is called a private offense and the 
course to be pursued is described in Matthew, ch. xviii. 
The knowledge of the offense is not to be communicated 
to any one, even as a secret, much less to be proclaimed 
in the streets, or brought at once to the notice of the 
judicatory of the church. He or they who have knowl- 
edge of the offense must first of all, without witnesses, 
call the attention of the offender to it. It is implied 
that the interview shall be conducted, not in a harsh 
and denunciatory manner, but in a Christian spirit, 
kindly and tenderly. If the offender confesses his fault 
frankly and penitently with promise of amendment, the 
matter must end there, and no reference ever be 



154 



NOTES ON THE 



made to it. If he deny or act defiantly, he mast be 
seen again with witnesses, and an appeal to the church 
must be made only as the final resort after these private 
measures have failed. 

A private offense may also be a personal one, that is, 
one may be injured in his person, property, business or 
family, and no one be aware of it beside the offender 
and the person injured. The same course is to be pur- 
sued by the injured person. If this rule of our Lord 
had always been observed in a Christian spirit, the 
world would never have known anything about many 
scandalous offenses, whose publicity has compelled 
action by church judicatories, and which have been at- 
tended by most disastrous, enduring results. 

So much importance is attached to this rule that if 
any person who brings a charge before the elders is 
found to have neglected these previous steps, he must 
be censured for his unchristian neglect. He has not 
tried to win his erring brother. He has also offended 
against the peace and order of the church, by making 
that public which he should have labored to keep pri- 
vate. 

This, however, does not relieve the original offender 
from prosecution for his offense. It may in some cases 
not be too late to avoid formal judicial process. If it 
is too late then the case must be prosecuted in accord- 
ance with constitutional directions. 

Sec. 4. Public offenses are those that require the 
cognizance of a Church Judicatory; being so notorious 



CONSTITUTION. 



155 



and scandalous that no private measures would obviate 
their injurious effects. 

Sec. 5. When any person is charged with an offense, 
not by an individual, but by general rumor, the pre- 
vious steps prescribed by our Lord in case of private 
offenses are not necessary, but the proper judicatory is 
bound to take immediate cognizance of the matter. 

Sec. 6. To constitute a general rumor, or fama clam- 
osa, it is necessary — 

1 st. That it specify some particular sin or sins. 

2d. That it should have obtained general circulation. 

3d. That it be not transient. 

4th. That it shall be accompanied with strong pre- 
sumption of its truth. 

Sec. 7. The following are to be considered as the 
principal offenses that deserve the punishment of sus- 
pension or removal from office, viz: Heresy, Public 
Schisms, open Blasphemy, Simony, faithless Desertion 
of Office or intruding upon that of another, Slander, 
Lying, Perjury, Adultery, Fornication, Theft, Forgery, 
Acts of Violence, Drunkenness, scandalous Traffic; in 
short, all such sins and gross offenses as render the per- 
petrators infamous before the world, and which, in a 
private member of the church, would be considered as 
deserving excommunication. 

Two elements of a public offense of which a church 
must take cognizance are here mentioned, viz: its 
notoriety and its scandalous character. An offense that 
is scandalous in itself may be a private one, and private 
steps may accomplish everything that a judicial process 
could effect. But notoriety alters the case entirely. 
The attention of the judicatory must be called to the 
case in which these two elements are found. The con- 



156 



NOTES ON THE 



scion sness that no private measures could obviate the 
injurious effects settles the question about the duty of 
the elders of the church. 

An offense ruay have publicity, and yet not be of a 
very scandalous nature. It may be little, if anything, 
more than an imprudence. Often the injurious effects 
may be prevented or removed by a prudent course on 
the part of the elders without instituting judicial pro- 
ceedings. It is a good rule never to institute such pro- 
ceedings if they can be dispensed with. They are not 
the wisest ministers and elders, nor the most faithful 
disciplinarians, who are never more happy than when 
they sit as judges and have an offender before them 
on trial. 

In every case of fama clamosa or accusation by gen- 
eral rumor, the elders are to consider carefully whether 
the four things that are necessar}^ to constitute such 
rumor exist. Rumor may charge a general delinquency 
without specifying a particular sin or sins ; it may be of 
very limited extent ; it may die away in a very short 
time; a little enquiry may reveal the fact that it has no 
probable basis of truth. It is well to make haste 
slowly. 

Those who hold office in the church, whatever the 
office may be, must be suspended or removed from 
office when found guilty of any of the offenses enumer- 
ated in section T. The list, however, is not complete, 
for it is added : "in short, all such sins and gross 
offenses as render the perpetrators infamous before the 
world, and which in a private member of the church 



CONSTITUTION. 



157 



would be considered as deserving excommunication.'' 
In connection with suspension or removal from office, it 
is competent for the court also to suspend the offender 
from the Lord's supper. Both these are usually in- 
cluded in the same sentence. A minister is sometimes 
restored to the privilege of communing when it is not 
deemed wise to restore him to office. 

Sec. 8. In admitting accusations against a Minister or 
Elder, the rule prescribed in 1 Tim. v. 19, shall always 
be observed, and accusers must come forward openly to 
support the charge. 

Sec. 9. If Ministers of the Word have committed 
any public, gross sin, which would render their appear- 
ance in the pulpit under such circumstances highly 
offensive, it shall be the duty of the Consistory, in order 
to prevent scandal, to close the pulpit against such 
criminal, and refer him to be tried by the Classis as 
soon as possible. The proceedings of the Consistory in 
such cases are at their peril, and are not to be considered 
as a trial, but only a prudent interference, and binding- 
over the accused to the judgment of his peers. 

The rule found in 1 Tim. v. 19 is as follows : " Against 
an elder receive not an accusation but before two or 
three witnesses." A law of Moses to this effect was 
applicable to all cases and not to those of officials only. 
(Deut. xix. 15.) This law is for the protection of the 
spiritual rulers in the church, who, from their conspicu- 
ous position, are specially exposed to the false and 
malicious charges of the enemies of truth and righteous- 



158 



NOTES ON THE 



ness. Yet it is not intended to shield offenders in office 
and to secure for them immunity from punishment as 
the following sections show. 

The case is supposed of a minister who is publicly 
charged with having committed some gross sin, the 
proofs of which are apparently so strong that his appear- 
ance in the pulpit would be highly offensive. He can- 
not be tried by the consistory for they have not author- 
ity ; the classis cannot be summoned on the instant. It 
is made the duty of the consistory, as a prudential meas- 
ure, to close the pulpit against him, and he is to be noti- 
fied not to enter it. Few would refuse to heed this pro- 
hibition. If one should, the consistory is authorized to 
debar him by force, calling, if necessary, to their aid 
the officers of the law. 

The next step is to make the matter in all its details 
known to the classis at once through its president, so 
that it may be investigated and the offender be tried. 

The action of the consistory is not a trial, but it is 
analogous to the work of a grand jury, which, on ex 
parte evidence, declares that there is sufficient ground 
to find an indictment and to put the accused on trial. 
They do this at their peril, that is, they take the respon- 
sibility, realizing the seriousness of it, and under- 
standing the situation in which they will be placed, if it 
shall appear that their action was unnecessary. At the 
same time it is conceivable that the man may be ac- 
quitted and yet that the circumstances were such at the 
time of their action as to justify them in it. 



CONSTITUTION. 



159 



Sec. 10. In case of like offenses by an Elder or Dea- 
con, the Consistory shall immediately proceed to his 
trial, and, upon conviction, he shall be forthwith sus- 
pended from his office, and excluded from the privileges 
of the Church. 

Sec. 11. If any member of the Church shall be duly 
convicted of an infamous crime by an} r civil court, he 
shall, ipso facto, be suspended from an y ecclesiastical 
office with which he may be invested, and excluded from 
the privileges of the church, until he shall have estab- 
lished his innocence, or manifested his repentance to 
the ecclesiastical judicatory to which he is amenable. 

An elder or deacon charged with a like offense or 
offenses, being amenable to the spiritual consistory of 
elders, must be brought to trial by them immediately. 
If convicted he must be suspended from his office and 
from church privileges. 

It is very proper that a church member who has been 
convicted of an infamous crime b} 7 a civil court should 
be ipso facto or without trial by the ecclesiastical judi- 
catory suspended by the latter from any office that he 
may hold, and also be excluded from the privileges of 
the church. This respect is due to public opinion and 
to the dignity and authority of civil courts, and to jeal- 
ousy for the purit} 7 of the church also. 

But though convicted, the man ma} 7 be innocent. If 
he claims that he is innocent, and that he is desirous to 
show his innocence, it is his right to have a fair oppor- 
tunity given him to prove it. This, the church judica- 
tory should grant, and if he satisfies them that he was 
unjustly condemned, his suspension must be removed 



160 



NOTES ON THE 



and he be restored. His failure to seek vindication is 
to be regarded as a confession of guilt. Then his 
restoration will depend on his profession of repentance 
and credible evidence of its genuineness. 

ARTICLE XIII. 

OF PROCESS AND TRIAL. 

Sec. 1. Offenses may be brought before a Judicatory 
by individual accusation or common fame. In the for- 
mer case, the process must be in the name of the accuser 
or accusers. In the latter no person need be named as 
the accuser. 

There are many reasons for avoiding judicial trials, if 
it be possible, and for exhausting all means of dealing 
otherwise with offenders. But if this be not possible, 
then it is ver}^ important to proceed rightly, making no 
mistake at the beginning. A mistake in proceedings at 
the start may cause one to be cast on an appeal to a 
higher court and compel him to begin anew. 

If a charge be brought by an individual, he must be 
named as the accuser, see to the formulation of charges, 
provide witnesses and prosecute the case in his own 
name. It is his case throughout all the courts to which 
it may be carried by appeal. 

The great majority of cases are not brought by in- 
dividuals but by common fame. Individuals are loth 
to become accusers unless they have personal grievances. 
An elder in answer to the question proposed to him 
just before the Lord's supper reports, that a rumor is in 
circulation about some member that ought to be inves- 



CONSTITUTION. 



161 



tigated. A fellow elder may be able to explain the 
rumor satisfactorily, and therefore nothing further is to 
be done. If it is determined that an investigation 
should be made, the first step is the appointment of a 
committee to make enquiries, to confer with the accused 
person, and to obtain an explanation or confession with 
a view of avoiding prosecution if possible. If the 
charge is denied, or it is too doubtful and serious to be 
passed without investigation, a committee should be ap- 
pointed to formulate charges and ascertain what sort of 
testimony can be procured. A great difficulty in eccle- 
siastical trials proceeds from the fact that witnesses 
often refuse to testify, and there is no authority to com- 
pel them to do so. Often those who are most loud and 
persistent in censures of a consistory for not disciplining 
some one, are the most ready to refuse to bear testimony. 
This committee should either prepare the case for trial 
or report that it will not be wise to proceed to trial, be- 
cause of the nature of the charge or some defect in the 
testimony. It is not well for a consistory to prosecute 
unless there is probability of a conviction. 

Sec. 2. In exhibiting charges, the time, place, and 
circumstances shall be accurately stated in writing, that 
the accused may be enabled the better to defend him- 
self. 

Sec. 3. Great caution is to be exercised in receiving 
accusations where there is good reason to believe that 
they are preferred through passion or improper and un- 
christian motive; or where the accuser is under censure 
or not of good character, or has the prospect of tem- 
poral advantage. 
[11] 



162 



NOTES ON THE 



An accused person ought to have the amplest oppor- 
tunity to defend himself against an accusation. He 
might not be able to defend himself against a general 
charge of drunkenness, though he might be able to 
prove that he was sober at a specified place and time ; 
nor could he on such general charge prove an alibi. 
The accuracy of statement required allows some degree 
of approximation. Witnesses do not always have at 
the time of an occurrence, facilities for learning the 
time to a minute. They sometimes say in giving testi- 
mony, " at or near" a certain hour, or " between two 
mentioned hours." One occurrence may be linked with 
another, and so time and place be determined. 

In ecclesiastical affairs as well as civil, accusations 
are often brought by individuals from very unchristian 
motives. In fact, very few persons will invoke the dis- 
cipline of the church in behalf of a neighbor, from pure 
love for his soul and jealousy for the honor of Christ. 
It is proper, therefore, that suspicious motives men- 
tioned in this section should be taken into consideration. 
The consistoiy as a grand jury determining whether an 
indictment shall be made, looks at every thing bearing 
on the question. But it must not be concluded that the 
strongest proof of the existence of improper motives on 
the part of an accuser is to prevent a judicatory from 
prosecuting charges when there seems to be good ground 
for them. If so, there would be few prosecutions by 
individual accusers, Caution is to be exercised. 



CONSTITUTION. 



163 



Sec. 4. All citations shall be issued and signed by the 
President or Clerk, who shall also furnish citations for 
such witnesses as may be required on either side. 

Sec. 5. A copy of the accusation shall be furnished to 
the accused at the time when the citation is served ; 
which citation shall designate the time when, and place 
where, the accused shall put in his answer. Not less 
than ten days shall be allowed to intervene between the 
time when the citation is served and the answer received ; 
and no shorter period shall be allowed between receiving 
the answer of the accused and the trial of the case, un- 
less by consent of all the parties interested. 

All citations are issued by the court and are signed by 
either the president or clerk or both. A citation for an 
accused person to appear and answer to charges is sent 
to him directly by the court. 

Citations for their witnesses are furnished to both 
prosecutor and defendant respectively, and they sum- 
mon whom they please, but the court does not serve 
them to the witnesses. If the court be the prosecutor 
in fama clamosa proceedings, it then serves citations to 
its own witnesses. 

It is wise to make the intervening time between the 
citation and the answer more than ten days, so as to 
provide for any contingencies that may occur and to 
guard against complaint. The documents should be 
delivered by a messenger in person, who will be able to 
testify that they have been received. 

Sec. 6. When the accused refuses to obey the citation, 
he shall be cited a second time, which second citation 



164 



NOTES ON THE 



shall always be accompanied by a notice, that, if he 
still refuses to appear at the time and place appointed, 
he shall not only be liable to censure for contumacy, 
but that the Judicatory will proceed to the trial and de- 
cision of his case as if he were present. 

A second refusal to obey a citation subjects the ac- 
cused person, very properly, to censure which should 
always be inflicted. In addition to this, the court, ac- 
cording to notice given, proceeds to the trial of his case 
though he be absent, and to decide it just as if he 
were present. 

It is objected to this procedure that it is not anala- 
gous to the methods of ordinary courts, for even crim- 
inal courts do not put a man on trial unless he is 
present. But it must be noticed that the cases are very 
far from being analagous. A criminal court can, and 
does compel the presence of an accused person when it 
can lay its hands on him. He is not summoned to, but 
actually brought into court. But the ecclesiastical 
judicatory might summon one a hundred times, and he 
stand even in their presence, who might yet decline to 
appear and answer as defendant. 

Now what would be the result if the rule must always 
be adhered to, that no man shall be tried for any 
offense unless he be present ? If one who is guilty of 
an infamous crime wishes to escape trial and conviction, 
he need do nothing but throw his citations into the 
waste basket. It is possible that one accused may be 
an innocent man, yet through a misunderstanding 
about jurisdiction or for some other reason, he might 



CONSTITUTION. 



165 



refuse to obey his citation. Ought not he never- 
theless, to be vindicated by a trial, and the church also? 

There are those who have thought that a happy relief 
from vexatious proceedings is found in this censure for 
contumacy. They have congratulated themselves on 
the non-appearance of the person cited, for now, without 
molestation, they can censure him for disrespect to them. 
Meanwhile they can afford to wait for some future time 
for the reappearance of the chief actor, when they will 
proceed to trial on the original charges, a day they 
never expect to see. But it is forgotten that the direc- 
tion of our section is very explicit, which is to make the 
censure for contumacy only a step in the proceedings. 
This censure is not a suspension, so that no further 
punishment could at the time be inflicted. It is a re- 
buke for disrespect to the court and nothing more. 

We could accept almost any interpretation of this sec- 
tion rather than believe that it may be so perverted as 
to effectually prevent offenses from being investigated, 
offenders tried, and justice satisfied. 

Sec. 7. In cases where it is demanded by either party, 
a commission of the Judicatory may be appointed by it 
to take testimony at a distance ; of which commission, 
and of the time and place of their meeting, due notice 
shall be given to all the parties. 

An important provision. Before it was placed in the 
constitution, cases occured that could not be prosecuted, 
because there was no authority to take testimony in a 
distant part of the country. 



166 



NOTES ON THE 



Sec. 8. To establish an accusation against any mem- 
ber of the Church, the testimony of more than one wit- 
ness is required. The witnesses, after being sworn or 
duly affirmed, shall be examined in the presence of the 
accused, and he shall be permitted to cross-examine 
them. Yet, if two or more witnesses bear testimony 
each to different acts of the same general nature, this, if 
not disproved, shall be considered sufficient to establish 
the accusation. The evidence shall be faithfully min- 
uted and subscribed by the witnesses, and in this final 
form, with the sentence or decision, be entered on the 
records; and the parties shall be allowed copies of the 
same, at their own expense, if desired. 

This section implies the presence of the accused, for 
otherwise the witnesses could not be examined in his 
presence, nor could he cross-examine them. 

Two witnesses testifying to two acts of the same na- 
ture are regarded as proving a general charge. If one 
testifies that the accused was intoxicated in a certain 
place at a specified time, and another that he was in the 
same condition in another place at another specified 
time, it is sufficient to sustain the charge. But the 
accusation must then be put in general form with the 
specifications clearly stated under it. 

Care must be paid to the minuting, subscribing and 
recording of testimony. An important case was at one 
time referred back to the original court because the sub- 
stance and not the very words of the testimony had been 
recorded. 

Sec. 9. No accusation shall be admitted unless 
brought forward by the accuser within the space of two 



CONSTITUTION. 



167 



years after the crime shall be alleged to have been com- 
mitted ; excepting that it shall appear that unavoidable 
impediments prevented the bringing an accusation 
sooner, and at the trial the accuser shall not sit in judg- 
ment upon the case. 

If a member of the court, whether minister or elder, 
be the accuser, he cannot sit as judge. 

The limitation of time during which an accusation 
may be brought is wise and important, for otherwise a 
man would always be liable to have something brought 
up against him from the remote past, after witnesses 
who could have helped him had died. No alibi could 
be proved, and it would be impossible to clear himself 
from a false charge. Yet the exception is also wise and 
important, since facts before unknown may have come 
to light, either to prove some charge or to implicate some 
new man, or to work a vindication. Clouds may thus 
be removed from some, while others are brought to 
justice. 

In all such cases a court needs great discretion lest 
personal malevolence be allowed to use the discipline of 
the church to do its work against the innocent. 

Sec. 10. No professional counsel shall be permitted 
to appear and plead in cases of process in -any of the 
ecclesiastical courts; but, in the trial of any case be- 
fore a Consistory, a member of the Classis may be em- 
ployed to prepare and conduct the case on either side. 
And, in the higher courts, if any accused person feel 
unable to represent and plead his own case to advan- 



168 



NOTES ON THE 



tage, he may request, or the President may appoint, any 
Minister or Elder belonging to the judicatory before 
which he appears to prepare and conduct his case as he 
may judge proper. But the Minister or Elder so en- 
gaged shall not be allowed, after pleading the case of 
the accused, to sit in judgment as a member of the 
judicatory. 

The time has been when parties were allowed to em- 
ploy professional counsel in ecclesiastical courts. Some 
Scotch lawyers won their most highly prized laurels in 
cases tried before the General Assembly. 

The practice is forbidden in our ecclesiastical courts 
because the liability to proceedings, scenes and lan- 
guage unbecoming in courts of the Lord Jesus Christ is 
too great. Nevertheless, legal help is allowed in the 
various courts from the consistory up, in the way 
described in this section. The General Synod has fre- 
quently appointed one of its members, who was also a 
lawyer, to aid an appellant in prosecuting his appeal. 
There have been cases in which the lawyer so appoint- 
ed had been the helper of the accused in the lower 
courts, and who had obtained a seat in the synod with 
a special view to a continuance of aid to him who might 
be called his client. No one found fault with this ; for 
this service did not prevent said elder from attending 
to the ordinary business of the synod. There has al- 
ways been in our courts great readiness to give parties, 
in such circumstances, every facility for a fair prosecu- 
tion of their appeals, and for enjoying every advantage 
that could rightfully be afforded them. 



CONSTITUTION. 



169 



Sec. 11. Such as obstinately reject the admonitions 
of the Consistory, or have been found guilty of the com- 
mission of an otherwise gross offense, shall be suspended 
from the Lord's Supper, which act of suspension may be 
published at the discretion of the Consistory; and, be- 
ing suspended and repeatedly admonished without dis- 
covering marks of repentance, the Church shall then 
proceed to the last remedy, namely, Excommunication ; 
agreeably to the adopted form, and conformably to the 
Word of God. But no person shall be excommunicated 
without the previous approval of the Classis. 

The first step in discipline generally is admonition. 
This if not heeded, must be repeated again and again ; 
and if these repetitions are without effect, they must 
be followed by suspension from the Lord's supper. 

If the offense is so gross that admonition will not 
answer, then suspension must be the first act. This 
must be followed by admonitions, the object of disci- 
pline being the repentance and restoration of the 
offender. Admonitions must be repeated as often as 
shall be deemed expedient. A church fails in its duty 
to a suspended member which ceases to pay attention to 
him, treating him as virtually an excommunicated 
member. Churches rarely proceed further in discipline 
than to suspension. Perhaps that is the better way 
unless the case be a peculiarly gross and aggravated 
one. 

Sec. 12. Before the Church proceeds to excommuni- 
cation, the obstinacy of the offender shall be publicly 
notified to the congregation, declaring his offenses, to- 



170 



NOTES ON THE 



gether with the particular care and attention bestowed 
on him, by admonition, suspension from the Lord's ta- 
ble, and by repeated remonstrances. This procedure 
shall be comprised in three several steps. In the first 
instance, the name of the offender shall not be men- 
tioned, that he may in some measure be spared. In the 
second, with the advice of Classis, his name shall be ex- 
pressed. In the third, the congregation shall be in- 
formed, that, unless he repenteth, he will be excluded 
from the communion of the Church; so that, if he re- 
main obstinate, his excommunication may take place 
with their tacit approbation. The interval between 
these notifications shall be at the discretion of the Con- 
sistory. 

The last step in discipline is excommunication, which 
can be taken only after repeated admonitions without 
signs of repentance. In every case the previous ap- 
proval of the classis must be obtained. The following 
order must be followed : 

1. The case is explained to the congregation without 
mentioning the name of the offender. 

2. The name is with the advice of the classis ex- 
pressed. 

3. Notice is given that the offender shall be excluded 
if he refuse to repent. 

4. The act is performed with the use of the prescribed 
form. 

Sec. 13. When an excommunicated person becomes 
penitent, and is desirious of being again reconciled to 
the Church, such desire shall be publicly declared to the 
congregation, either before the administration of the 



CONSTITUTION. 



171 



Lord's Supper, or at some other seasonable opportunity ; 
that, if no objections are offered, he may, on declaring 
his repentance, be publicly readmitted to a participa- 
tion of the Lord's Supper, agreeably to the form ap- 
pointed for that purpose. 

Excommunication, like all the other acts of discipline, 
is for the benefit of the offender. The church authorities 
seek his salvation and not his destruction. They pray and 
hope for his repentance and they are full of joy when he 
professes and gives proofs of repentance, aud he seeks 
reconciliation with the church, and his readmission is 
accompanied with devout thanksgiving. 

ARTICLE XIV. 

OF APPEALS AND COMPLAINTS. 

Sec. 1. Any member of the Church, conceiving him- 
self to be personally aggrieved or injured by the deci- 
sion of a Judicatory, may appeal therefrom to the next 
higher Judicatory. Also, a Consistory or Classis con- 
sidering itself aggrieved by the judgment or censure of 
a higher Judicatory, enjoys the same right of appeal. 

Sec. 2. Any one intending to appeal from an act or 
decision of a Judicatory, must at the time of the action, 
or within ten days thereafter, give notice of such inten- 
tion to the President of the body from whose action he 
intends to appeal. Within ten days after such notice 
he shall send to said President in writing the appeal, 
with the reasons thereof. On default of this the appeal 
falls. 

The right of appeal to a higher judicatory belongs to 
every member of the church who feels personally ag- 



172 



NOTES ON THE 



grieved by the act (sec. 2) or decision of a lower judica- 
tory. Cases of this kind usually spring out of judicial 
proceedings. A member of a church has been tried by 
the consistory and found guilty of a serious offense. 
He ma} 7 think that he has not been fairly tried, that 
there have been obvious irregularities in the proceed- 
ings, or that the finding is not according to the evidence. 
He has a right to seek a remedy by an appeal to the 
classis, and if necessary from its decision to the higher 
courts. He appeals because he feels personally ag- 
grieved. The minister convicted by a classis has the 
same right of appeal to the Particular Synod and thence 
to the General Synod. A consistory which considers it- 
self aggrieved by some act of the classis may appeal to 
the Particular Synod, and a classis may appeal from the 
Particular to the General Synod. Where there is in the 
case of an individual no personal grievance, there can 
be no appeal. He may dissent strongly from some act 
of the body of which he is a member, but if it does not 
affect him personally he cannot appeal. There are 
other ways for him to attempt to rectify what seems to 
him to be wrong. 

The right of appeal is not confined to judicial cases. 
An ecclesiastical body might pass an act or adopt a 
measure that a person feels to be personally injurious to 
him, and he may appeal. Similarly a lower judicatory 
may appeal. 

If a person who is aggrieved by a decision intends to 
appeal from it, he may give notice of said intention at 
the time of the action. Before the expiration of the 



CONSTITUTION. 



173 



ten following days he must send his appeal and the rea- 
sons for it to the president of the judicatory from whose 
decision he appeals. If he neglects to do this, he loses 
his opportunity. 

Instead of giving notice at the time, he may send it 
to the president of the judicatory before the expiration 
of ten days after its action. He will then be allowed ten 
more days to prepare his appeal and reasons and send 
them to said president. He will also have time to recon- 
sider and perhaps change his mind, and determine not 
to appeal. 

Sec. 3. An appeal made by a Judicatory must be made 
by it as such regularly convened, and the appeal, with 
the reasons thereof, must be sent in writing to the Presi- 
dent of the body appealed from, within twenty days of 
the action from which the appeal is taken. On default 
of this, the appeal falls. 

Sec. 4. If an appellant gives notice and satisfactory 
reasons to the President of the Judicatory to which the 
appeal is made, that he cannot attend at the next stated 
meeting of that body, his appeal shall lie over to the 
next following stated meeting. But if he fail to appear, 
and prosecute his appeal without such notice and rea- 
sons, it is to be considered as relinquished. 

No commissioner from, nor member of a judicatory 
aggrieved by the action of a higher body, who is present 
when such action is taken, has a right to give notice of 
the intention of the judicatory to appeal. A resolution 
to that effect must be adopted by the judicatory itself 



174 



NOTES ON THE 



regularly convened. Twenty days are allowed for it to 
convene, to prepare its appeal and reasons, and to make 
all the arrangements necessary for the prosecution of 
the appeal. 

An appellant may find that it will be impossible or 
very inconvenient for him to be present at the next 
stated meeting of the judicatory to which he has ap- 
pealed. He is thereupon accommodated with a post- 
ponement; provided, that he has given notice to the 
president, accompanied with reasons for his absence, 
satisfactory to the judicatory. These reasons should be 
imperative; they should be closely searched into to 
ascertain whether there be not a device to secure delay ; 
besides, the court appealed from should not for light 
reasons be put to the trouble of preparing and sending 
its documents and commissioner. 

This concession to the appellant is also of doubtful 
necessity, for he might request the judicatory to appoint 
one of its number to conduct his case in his absence, 
which request would readily be complied with. (Art. 
xiii. sec. 10.) 

Sec. 5. It shall be the duty of every Judicatory that 
has tried a case originally or by appeal, in recording its 
decision, to set forth at length the reasons thereof, that 
the record may exhibit, as far as practicable, everything 
that had an influence on its judgment. 

Sec. 6. It shall be the duty of any Judicatory from 
whose act or decision an appeal is made, to transmit a 
certified copy of the action appealed from, signed by the 
President, and countersigned by the Clerk, together 



CONSTITUTION. 



175 



with the appeal and reasons accompanying the same, to 
the Judicatory appealed to, at the next regular meeting 
thereof, and the papers thus transmitted shall be con- 
sidered the documents in the case. 

The requirements of these sections are of the utmost 
importance. The judicatories appealed to are courts of 
review, which cannot admit any testimony besides that 
which was given before the court of original jurisdiction. 
If new testimony of sufficient importance has come to 
light, the case may be remanded to the original court 
for a new trial. The records therefore of the testimony 
before the original court, and of the decisions, reasons, 
etc., of appellate courts cannot be too full and complete. 

Very properly, a judicatory from whose decision an 
appeal is taken is required to send a certified copy of 
its action, of the appeal and reasons to the body ap- 
pealed to, so that it may have all the documents bear- 
ing on the case. 

Instead of simpty producing the book of minutes it is 
better to have a fair copy of the testimony made and 
certified to, with the other documents, so that if there 
be a further appeal these may be taken together to the 
higher court. 

Sec. 7. An inferior Judicatory shall be permitted to 
send a commissioner to the one appealed to, for the pur- 
pose of making explanations relative to the case; it 
being expressly understood, that the original parties in 
the case shall have the same right of being heard in 
every stage of the trial, from one court to another. 



176 NOTES ON THE 

The judicatory from whose decision an appeal is 
taken, is allowed, not required, to send a commissioner 
to the higher court which is to try the appeal. The sole 
object of his mission is to make " explanations relative 
to the case," presumably, thus to aid the appellate 
court. He is not a prosecutor, defendant, advocate or 
party in any sense. It has been customary to allow 
him to traverse the whole case, to argue it on its merits, 
to appear in the role of an advocate as against the ap- 
pellant, who has not always escaped remarks from him 
derogatory to his character. The expediency and 
justice of allowing this liberty are to say the least, 
doubtful. It is not consistent with fairness to the ap- 
pellant who may be quite as much in danger from the 
skill and eloquence, not to say, denunciations of a com- 
missioner as from a calm, judicial review of the evi- 
dence in the case. It is believed that the cause of truth 
and righteousness would not suffer if the courts should 
abandon the custom of sending commissioners to the 
appellate courts in cases of appeal, or if these should 
be strictl} 7 confined to their legitimate function of 
making explanations when needed, that is, when asked 
for. 

There are two features in our methods of discipline 
that lead to some confusion and embarrassment. One 
is the necessity of making courts also prosecutors in 
cases of fama clamosa ; the other the appearance of 
commissioners from the lower courts. Our ministers 
who have had much experience of general synods will 
call to mind many a case of appeal in which hours were 



CONSTITUTION. 



177 



spent in trying to determine who were the parties in the 
case. There is only one way out of the difficulty. It 
is by taking and holding firmly the position that there 
are no parties at all, except the original parties with 
whom the case originated. They continue to be parties, 
and the only parties until the final issue by the decision 
of the final court of appeal. An appellate court can 
never become a party. Its function is to decide be- 
tween two parties, not to ally itself with, or become a 
substitute for either. Having made its decision, it 
has not as a court any farther interest in the case. It 
has nothing to defend. If it sends a commissioner to 
the higher court, it is only for the benefit of that court, 
not for its own vindication or defense. It is completely 
and forever out of the field. 

There are practical difficulties enough in our system 
that seem to be unavoidable, without bringing an array 
of parties into the field appealing and defending, and 
thus confusing and embarrassing. 

A consistory in a case of fama clamosa appears in a 
threefold capacity. A damaging rumor is brought to 
the elders concerning a member of the church. In the 
first place, they act as a grand inquest to ascertain 
whether there is ground for indictment. In the second 
place, they become prosecutor, appointing usually one. of 
their number to prepare and conduct the case. In the 
third place, they sit as a court to try the accused. 

If the accused be found guilty and he appeals to the 
classis what is to be done ? Who are to appear as 
parties before the classis ? The appellant or convicted 
[12] 



178 



NOTES ON THE 



man of course is one; the consistory, Dot as a court, 
but in the role of prosecutor, is the other. Thus we 
have the two parties of consistory and appellant, and 
these continue to be the only ones, through all the courts 
to the end if there be successive appeals. The classis and 
Particular synods never come in as such, and their com- 
missioners are simply explainers. The matter is more 
simple where there is an individual prosecutor. A. 
prosecutes B. and B. appeals. A. and B. are the only 
parties before classis, the Particular Synod, and the 
General Synod, just as they were at the first before the 
consistory. 

In the administration of justice in the community 
there is a grand jury selected from the citizens to con- 
sider charges and find indictments; there is a prosecu- 
tor of the pleas who prepares charges and conducts the 
prosecution; there is a court to try the evil doer; and 
there is a jury to decide on the evidence and convict or 
acquit accordingly. Different persons are allotted to 
the different parts of the work. We in the church 
alas ! are not so happy. 

Sec. 8. For all cases that have originated in the 
Consistory, the Particular Sjmod shall be the Final 
Court of Appeal, except when as many members of the 
Particular Synod, as there are Classes connected with 
the Synod shall, within ten days of its adjournment, 
declare in writing to the President that the case adju- 
dicated is a proper one for appeal to the General Synod. 
In such case an appeal, if constitutionally made, shall 
be entertained by the General Synod. 



CONSTITUTION. 



179 



Sec. 9. In order to prevent vexation and delay in 
the judicial proceedings of any ecclesiastical assembly 
by means of successive appeals in the progress of any 
trial or investigation, the party who may consider him- 
self aggrieved by any decision, upon any incidental 
question which may arise before a final sentence is pro- 
nounced, may state his objections to such decision, and 
require to have the same noted in the minutes of the 
proceedings, to the end that he may avail himself 
thereof on an appeal from the final sentence, without 
arresting the progress of such investigation or trial. 
And in such cases every decision objected to, as well as 
the objections, shall be distinctly stated in the minutes 
of such assembly, and sent up with the appeal to the 
appellate Judicatory for review. 

Sec. 10. Individuals who have voted in a lower court 
upon a case which is carried up by appeal, or who have 
prepared and conducted such case, shall not be at lib- 
erty to vote upon the trial of the appeal in the higher 
courts. 

The provision in section 8 was not contained in our 
former constitutions. The General Synod has been 
thereby greatly relieved, and that without injustice to 
any one. Many ministers remember how in former 
years, much of the time of the General Synod was oc- 
cupied with trying appeals in petty, local cases originat- 
ing in consistories. For all such cases the Particular 
Synod is now the court of final resort ; excepting those 
in which the condition mentioned in this section exists. 
The ten members referred to, need not belong to as 
many different classes. 

Section 9 also affords great relief by preventing many 



180 



NOTES ON THE 



appeals from decisions of questions relating to subordi- 
nate issues, as admission or rejection of testimony, 
steps in proceedings, technicalities, etc. Either party 
if aggrieved by such decision may have his objection 
recorded in the minutes and also the decision objected 
to. These will thus come before the court of review and 
be considered by it; meanwhile the progress of the in- 
vestigation will not be impeded. 

Sec. 11. If a minority or any member of a minority 
of any inferior Church Judicatory shall consider any 
subordinate decision or any part of the formal proceed- 
ings to have been so erroneous, as injuriously to affect 
the interests of truth or of vital godliness, they may 
present the same by way of complaint to the next higher 
Judicatorj^ for its examination and decision. 

Sec. 12. This complaint, if entertained, brings the 
whole record of the case under the review of the super- 
ior Judicatory. 

Sec. 13. No such complaint shall be entertained ex- 
cept after notice given to the President of the body com- 
plained of, and the sending of the complaint, and rea- 
sons for it, as prescribed in cases of appeal. 

A complaint differs from an appeal in that complain- 
ants are not moved by a personal grievance. The right 
of complaint is the right of a minority of one or more 
who deem an act of the majority to be contrary to the 
rules of the church as contained in its constitution, or 
as in any way "injuriously to affect the interests of 
truth or of vital godliness." The act seems to them so 
erroneous and injurious that it ought not to be allowed 



CONSTITUTION. 



181 



to pass unnoticed, and to stand as a precedent unre- 
buked, or at least unchallenged. 

Complaints are sometimes made of some subordinate 
decisions in cases of appeal which the parties themselves 
do not notice because they do not have damaging effects 
on the prospects of either of them touching the issue. 
But others looking from a different point of view regard 
them as serious enough in their general bearing to 
justify them in calling the attention of a higher court to 
them. In considering such complaint, the whole record 
of the case comes under review. 

The same rules as to procedure, of notices, limitation 
of time, documents, etc., are to be observed as in cases 
of appeal. 

ARTICLE XV. 

OF RULES AND AMENDMENTS. 

Sec. 1 . The General Synod shall have power to make 
all such rules and regulations as may be necessary for 
carrying the foregoing articles into execution, except 
where provision is thereby made for that purpose. 

Sec. 2. No alteration shall ever be made to the fore- 
going articles, but by previous recommendation from 
the General Synod to the respective Classes, and the 
consent of a majority of the same to such proposed 
alteration, together with the final declarative resolution 
of the General Synod for the time being; and the arti- 
cles as thus determined and declared shall be and are 
the authoritative and only Constitution of the Reformed 
Church in America. 

The rules of government of all churches, often need 



182 



NOTES ON THE 



changes and amendments because of changed times and 
circumstances. Two extremes are to be avoided. One 
is that of an unyielding attachment to rules that have 
survived their usefulness ; the other that of a readiness 
to make changes on every occasion of personal incon- 
venience caused by the operation of some rule. Safety 
requires that changes, especially in the organic law of a 
church, should be carefully guarded against undue 
haste. 

In the present article the method of making amend- 
ments to our rules of government is described : 

First of all, an amendment must be proposed to the 
General Synod. This may be done by means of an 
overture from a lower body, or by a resolution sub- 
mitted by a member of the synod. 

Secondly, it must receive the favorable judgment of 
the synod, so that it may be recommended by it to the 
classes. It is important to distinguish between a rec- 
ommendation and a reference of an amendment. The 
latter is an unjustifiable device to save time, trouble 
and responsibility. It would be very unfortunate if the 
Synod were allowed to vex the church at large by send- 
ing down to the classes all the proposed amendments 
that find their way to the synod. The General Synod 
must take time to consider, debate, weigh arguments 
and objections, so as to form an intelligent judgment. 
No proposed amendment should be allowed to go to the 
classes that the synod does not wish to see adopted. 

Thirdly, the synod must send the amendment with its 
recommendation to the classes for their approval. The 



CONSTITUTION. 



183 



votes of the classes must be reported to the next Gen- 
eral Synod, counted by it. and the result announced. 
If a majority of the classes, not only of those voting but 
of the whole number, shall appear to have disapproved 
of the amendment, it is lost. The synod can do nothing- 
further about it. 

Fourthly, a resolution of the synod declaring that the 
amendment is thenceforth part of the constitution. 

Xow the question arises whether the General Synod 
is obliged to pass a declarative resolution on learning 
that a majority of the classes have consented to the 
proposed amendment, or whether that body may for 
reasons that seem to it to be good and satisfactory de- 
cline to pass it. 

The language of the rule taken by itself does not 
compel the former view. The consent of the classes is 
according to it a sine qua nun. It virtually forbids a 
declarative resolution when the classes have not con- 
sented. But there is no express requirement of a 
declarative resolution when the classes have consented. 

Yet the fact is to be admitted that the rule, as it stands 
at present, has been changed from that which was origi- 
nally formed at the conclusion of the explanatory arti- 
cles in 1792, and also at the conclusion of the constitu- 
tion of 1833. This raises the question why the rule was 
changed by eliminating the words " final determination 
and resolution of the General Synod for the time being," 
and substituting " final declarative resolution of the 
General Synod for the time being." 

It is claimed that this change was made for the pur- 



184 



NOTES ON THE 



pose of taking away all liberty from the synod in the mat- 
ter, and to oblige it to ratif}^ the favorable decision of the 
classes without questioning. This rnay be so, but what 
a pity that the rule has not been so expressed that no 
question could be raised on this point ! If this be the 
legitimate working of the rule, there are not a few who 
think that there is an imperative call for an amendment 
to this article concerning amendments. 

It is assumed that all are agreed that no amendment 
should be made to the rules of government unless it 
promises to be for the best interests of the denomination 
and is agreeable to its mind. How shall that mind be 
ascertained as fully as practicable, is the essential ques- 
tion. Is it possible to ascertain this by a majority 
vote of the classes? A man need not be much of an 
arithmetician to satisfy himself that a majority vote of 
the classes is quite likely to represent a small minority 
of the membership of the churches. A classis composed 
of ten members representing five hundred communicants, 
counts for as much as one composed of sixt} 7 members 
representing three thousand communicants. In view of 
this, what is a majority vote of the classes worth? If 
the synod must obey it, we have as weak an element in 
our policy as can be imagined. 

We can safely confine the synod to a declarative res- 
olution only when its action is conditioned on reports in 
detail of the votes of the members of the respective 
classes, and it is the majority of the aggregate vote of 
those members and not of the classes as such that is to 
determine the question. 



CONSTITUTION. 



185 



There may be some who have exalted ideas of classi- 
cal prerogative. They look upon the classes as foun- 
tains of authority; as creators and repairers of consti- 
tutions; as separated from all the other bodies in the 
denomination by some peculiar and divine right. It 
may be believed by some that the submission of pro- 
posed amendments to the classes is a practical ac- 
knowledgment of their sacred right and peculiar authori- 
ty; and that if we doubt the inherent supreme right of 
a classis in constitution-making and mending, we ques- 
tion a fundamental principle of Presbyterial govern- 
ment. It is enough to say here that such views do not 
belong to Dutch Presbyterianism. The fathers both in 
the Netherlands and in America knew nothing of them, 
and we will not do wisely if we adopt them. 

It is interesting to know that when the time was ripe 
for the American Dutch churches to assert their ecclesi- 
astical independence and form a constitution for them- 
selves, the General Synod initiated and carried on the 
work to completion. But after some preliminaries had 
been attended to, the following minute was adopted : 

i; The Rev. Synod having deliberated upon this re- 
port, resolved that the committee be requested to frame 
a draft of church government and discipline, agreeably 
to the principles stated in the report, and lay an accur- 
ate copy, if practicable, before the Rev. Synod at their 
next meeting. In order, however, also to secure the 
counsel and assistance of all their members in this 
weighty matter, it is likewise ordained that the presi- 
dent of this synod communicate to each of the respec- 



ISG 



NOTES ON THE 



tive classes the request of this synod, that each and 
every minister with an elder (besides those who are ap- 
pointed by the Rev. Classes as delegates to synod), 
please to appear at the meeting in Xew York, on the 
first Wednesday in the ensuing October, so that the 
synod may be able to avail themselves of the presence 
and counsel of the whole body of ministers and elders in 
issuing their ecclesiastical constitution, as also in rela- 
tion to the professorship and other weighty matters." 

It thus appears that the fathers of that day, were not 
concerned about the majority vote of the five classes 
then existing. But they were desirous of obtaining the 
judgment and vote of every Reformed Dutch minister 
and of an elder from every Reformed Dutch congrega- 
tion. Many accepted the invitation; they were present 
at the meeting in October and their names are recorded 
in the minutes along with the appointed delegates. 

It cannot be doubted that when they adopted their 
rules for the amendment of the explanatory articles they 
adopted what seemed to them the best practicable way 
of learning the mind of the churches, leaving at the same 
time something to the discretion and authority of the 
General Synod. 



New Brunswick Seminary Publications. 



1. Analysis of Systematic Theology, by Prof. S. M. 

Woodbridge, D.D., LL.D. 

2. Practical Catechetics, by Prof. D. D. Demarest, 

D.D., LL.D. 

3. The Psalms, a new translation, by Prof. John De- 

Witt, D.D., LL.D., L.H.D. 

4. History and Characteristics of the Reformed Church 

in America, by Prof. D. D. Demarest, D.D., 
LL.D. 

5. The Sage Library, by Prof. J. C. Van Dyke, L.H.D. 

6. The Historical Society, by Rev. W. Armitage 

Beardslee, A.M. 

7. Dort and Westminster, by Prof. D. D. Demarest, 

D.D., LL.D. 

8. Plan of the Theological Seminary. 

9. Practical Liturgies, Part I. by Prof. D. D. Demar- 

est, D.D., LL.D. 

10. Practical Liturgies, Part II. by Prof. D. D. Demar- 

est, D.D., LL.D. 

11. Manual of Church History, by Prof. S. M. Wood- 

bridge, D.D., LL.D. 

12. Introductory Outlines of the Books of the Old Tes- 

tament, by Prof. J. G. Lansing, D.D. 

13. Notes on the Constitution of the Reformed Church 

in America, by Prof. D. D. Demarest, D.D., 
LL.D. 

14. Synopsis of Church Government, by Prof. S. M. 

Woodbridge, D.D., LL.D. 



6 83 



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